I LB 2529 

.S5 
1916 
j Copy 1 



== 



General School Law of 
South Carolina 



1916 



* 



Compiled by THOS. H. PEEPLES 
Attorney General, October 1916 



Issued by the State Department of Education 
J. E. SWEARINGEN, State Superintendent 



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«JJDiS% 

Ex 

IBS 



1916 
Oulla Printing & Binding Co. 
Anderson, S. C. 



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Book -e> 5" 



/9/4 



GENERAL SCHOOL LAW 

OF 

SOUTH CAROLINA 

1916 



PUBLISHED BY J. E. SWEARINGEN 

State Superintendent of Education 



Constitutional Provisions. 



ARTICLE XI. 
EDUCATION. 



§ 1. The supervision of public instruction shall be vested in a State 
Superintendent of Education, who shall be elected for the term of two years 
by the qualified electors of the State, in such manner and at such time as the 
other State officers are elected; his powers, duties and compensation shall be 
defined by the General Assembly. 

§ 2 There shall be a State Board of Education, composed of the Governor, 
the State Superintendent of Education, and not exceeding seven persons to be 
appointed by the Governor every four years, of which board the Governor 
shall be Chairman, and the State Superintendent of Education, Secretary. 
This Board shall have the regulation of examination of teachers applying for 
certificates of qualification,, and shall award all scholarships, and have 
such other powers and duties as may be determined by law. The traveling 
expenses of the persons to be appointed shall be provided for, by the General 
Assembly. 

§ 3 The General Assembly shall make provision for the election or ap- 
pointment of all other necessary school officers, and shall define their qualifi- 
cations, powers, duties, compensation and terms of office. 

§ 4 The salaries of the State and County school officers and compensation 
of County Treasurers for collecting and disbursing school moneys shall not be 
paid out of the school funds, but shall be otherwise provided for by the Gen- 
eral Assembly. 

§ 5 The General Asembly shall provide for a liberal system of free public 
schools for all children between the ages of six and twenty-one years,, and for 
the division of the counties into suitable school districts, as compact in form 
as practicable, having regard to natural boundaries, and not to exceed forty- 
nine nor be less than nine square miles in area : Provided, That in cities of 
ten thousand inhabitants and over, this limitation of area shall not apply: 
Provided, further, That when any school district laid out under this 
section shall embrace cities or towns already organized into special school 
districts in which graded school buildings have been erected by the issue of 
bonds, or by special taxation, or by donation, all the territory included in 



2 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

said school district shall bear its just proportion of any tax that may be levied 
to liquidate such bonds or support the public schools therin: Provided, fur- 
ther, That nothing in this article contained shall be construed as a repeal of 
the laws under which the several graded school districts of this State are or- 
ganized. The present division of the counties into school districts and the 
provisions of law now governing the same shall remain until changed by the 
General Assembly. 1 

§ 6. The existing County Boards of Commissioners of the several 
counties, or such officer or officers as may hereafter be vested with the same 
or similar powers and duties, shall levy an annual tax of three mills on the 
dollar upon all the. taxable property in their respective counties,, which tax 
shall be collected at the same time and by the same officers as the other taxes 
for the same year, and shall be held in the county treasury of the respective 
counties ; and the said fund shall be apportioned among the school districts 
of the county in proportion to the number of pupils enrolled in the public 
schools of the respective districts, and the officer or officers charged by law 
with making said apportionment shall notify the trustees of the respective 
school districts thereof, who shall expend and disburse the same as the Gen- 
eral Assembly may prescribe. The General Assembly shall define "enroll- 
ment." Not less than three trustees for each school district shall be selected 
from the qualified voters and taxpayers therein, in such manner and for such 
terms as the General Assembly may determine, except in cases of special 
school districts now existing, where the provisions of law -now governing the 
same shall remain until changed by the General Assembly: 2 Provided, The 
manner of the selection of said trustees need not be uniform throughout the 
State. There shall be assessed on all taxable polls in the State between the ages 
of twenty-one and sixty years (excepting Confederate soldiers above the ages 
of fifty), an annual tax of one dollar on each poll, the proceeds of which tax 
shall be expended for school purposes in the several school districts in which 
it is collected. "Whenever during the three next ensuing fiscal years the tax 
levied by the said County Boards of Commissioners or similar officers and the 
poll tax shall not yield an amount equal to three dollars per capita of the 
number of children enrolled in the public schools of each county for the scho- 
lastic year ending the thirty^first of October in the year eighteen hundred and 
ninety-five, as it appears in the report of the State Superintendent of Educa- 
tion for said scholastic year, the Comptroller General shall, for the aforesaid 
three next ensuing fiscal years, on the first day of each of said years, levy such 
an annual tax on the taxable property of the State as he may determine to be 
necessary to make up such deficiency,, to be collected as other State taxes, 
and apportion the same among the counties of the State in proportion to the 
respective deficiencies therein. The sum so apportioned shall be paid by the 
State Treasurer to the County Treasurers of the respective counties, in propor- 
tion to the deficiencies therein, on the warrant of the Comptroller General, and 
shall be apportioned among the school districts of the counties, and disbursed 
as other school funds ; and from and after the thirty-first day of December, 
in the year eighteen hundred and ninety-eight, the General Assembly shall 
cause to be levied annually on all the taxable property of the State such a tax, 
in addition to the said tax levied by the said County Boards of Commissioners 

1. The laws applying to school districts and 5, of Art. XI, and so construed a separate Act 

the Graded schools held not repealed by this con- extending the boundaries of a school district al- 

stitutional provision. Martin v. School District of ready created may be regarded a special provision 

Laurens, 67 S. C. 125. in a general law. State v. McCaw, 77 S. C. 351. 

Liberal provision for support of schools required. 58 S. E. 145. 
Murph v. Landrum, 76 S. C. 32. And Acts in 2. The General Assembly has no power to dis- 
the interest of the schools will be so construed. burse public school funds by Joint Resoultion, ex- 
State, Spencer v. McC&w, 67 S. C. 351. cept through the trustees of the" district. Asbill 

Subdivision XI, of § 34, of Art III, of Const^of v. -MjMjtin, 84 S. C. 271, 66 S. E. 297, distin- 

1895, must b« conitrued in connection with aUe± OwshuRa Dickson v. Burckmeyer, 67 S. C. 534. ' 

SEP % 'iltIS 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 3 

or similar officers, and poll tax above provided, as may be necessary to keep 
the schools open throughout the State for such length of time in each scholas- 
tic year as the General Assembly may prescribe; and said tax shall be appor- 
tioned among the counties- in proportion to the deficiencies therein and dis- 
bursed as other school funds. Any school ! district may by authority of the 
General Assembly levy an additional tax for the support of its schools. 3 

§ 7. Separate schools shall be provided for children of the white and col- 
ored races, and no child of either race shall ever be permitted to attend a 
school provided for children of the other race. 4 

§ 8 The General Assembly may provide for the maintenance of Clemson 
Agricultural College, the University of South Carolina, and the Winthop Nor- 
mal and Industrial College, a branch thereof, as now established by law,, and 
may create scholarships therein; the proceeds realized from the land script 
given by the Act of Congress passed the second day of July, in the year eigh- 
teen hundred and sixty-two, for the support of an agricultural college, and 
any lands or funds which have heretofore been or may hereafter be given or 
appropriated for educational purposes by the Congress of the United States, 
shall be applied as directed in the Acts appropriating the same: Provided, 
That the General Assembly shall, as soon as practicable, , wholly .separate 
Claflin College from Claflin University and provide for a separate corps of 
professors and instructors therein, representation to be given to men and 
women of the negro race; and it shall be the Colored Normal, Industrial, 
Agricultural and Mechanical College of this State. 

§ 9. The property or credit of the State of South Carolina, or of any 
county, city, town, township, school district or other subdivision of the said. 
State, or any public money, from whatever source derived, shall not, by gift, 
donation, loan, contract, appropriation, or otherwise, be used, directly or indi- 
rectly, in aid or maintenance of any college, school,, hospital, orphan house, or 
other institution, society or organization, of whatever kind, which is wholly 
or in part under the direction or control of any church or of any religious or 
sectarian denomination, society or organization. 5 

§ 10 All gifts of every kind for educational purposes, if accepted by the 
General Assembly, shall be applied and used for the purpose designated by the 
giver, unless the same be in conflict with the provisions of this Constitution. 

§ 11 All gifts to the State where the purpose is not designated, all es- 
cheated property, the net assets or funds of all estates or copartnerships in the 
hands of the Courts of the State where there have been no claimants for the 
same within the last seventy years, and other money coming into the Treasury 
of the State by reason of the twelfth section of an Act entitled "An Act to 
provide a mode of distribution of the moneys as direct tax from the citizens 
of this State by the United States in trust to the State of South Carolina," 
approved the twenty-fourth day of December, in the year of eighteen hundred 
and ninety-one, together with such other means as the General Assembly may 
provide, shall be securely invested as the | State School Fund, and the annual 
income thereof shall be apportioned by the General Assembly for the purpose 
of maintaining the public schools. 

3. The term "levy" as the three mill tax im- 4. See Floyd v. News and Courier, 71 S. C. 

poses purely ministerial duties on the board, and 118. 

requires that it shall take such action as will place 5. See Attorney General's opinion as to what 

the tax on the auditor's books. Dickson v. Burck- are not violations of this section. In the case of 

meyer, 67 S. C. 634. the Epworth Orphanage, September 27, 1902; and 

As to the apportionment of the tax, see Capers also Reports and Resolutions, 1905, vol. 2, p. 27. 
v. Derham, 54 S. C. 349; Murph v. Landrum, 76 
S. C. 32. 



GENERAL SCHOOL LAW OF SOUTH CAR'- . 

. . ■ ■ ■ 

.- - 

not i b may h- .y - 

- : tire counties and muni 

" alsfctti a : 

~ 1 be 

. to public schoc nbly 

Provided, however, Tfiai n z 

3BC [ : I .. " 

sen ' ) meet : £ equ 

"ippiementary : 

Dene in Convention in Columbia, on the fourth, i " : I ecember m k 
■ d : m 1 :d one thousand eight bund::- 

JOHN GARY ie( i 2 on. 

ISA B. J€ J : - '\: ■" . 3 - af tie Convention 
W. JASPEE TALBEB.T, Vice-President of tie Con~ ■ 

TM . I - :- ary rf the Convention. 

S. Murray v. WHaon Disrillimr Tj.. 33 L. E&L Landmm. T, > 5. I. " r»p«m ». Zarnam 

C 3fi0. 
How ratios nun )s apportioned. 3«e Munrh ▼. 



General School Law of South Carolina 

1916 



TITLE IX. 
OF PUBLIC INSTRUCTION. 



------ 



CHAPTER ZXIV 
Free Public Schools. 



1G9* c ::e S up eri n tendent of Educa- 
tion — His election, bond and 

17( T: report to General Assembly. 

1 702 t Treasurer to bold devise or 

bez'z^s: :■: = 7.=.7-- :'.: e-7-7.-.7:;7.-.'. 

1" : t'^el ::7-: 

i " : 4 

11 r State Be a r : gri E iueation. 

of Boards — Compensa- 

t: : - 

iry Board to Superintendent 
of Education — Powers in cases 
of appeal. 
I", i ; : ~t: _:: I : :.: : 

}--.e Board of Education to award 
:rT7.2.:ri : ::.:^: : :.::; 
t : ::' : :r.:r:::"-i -:■::. 7 
1711. Conditions and methods of exami- 

t.3.t::t7s. 
I'll —'. 

B e quirement as to scholarships. 
1714 Normal scholars deposit notes. 
1714a Award of scholarships in Win- 

_7r.r:7 :er^:;r: 
1714b. Beneficiary scholarships to Clem- 
son to be awarded — How. 
1714 c. Beneficiary scholarships for 

'. .e~ s:r.. 
1714d. Scholarships to be awarded — 

How. 
L714e Scholarships a: '.sr-re. 
I714f. Age limit. 

Board of Education to appoint. 
1714b. How scholarships to be paid Ess 

— Term of scholarship. 
'-"-' i- ~ ..-\ir.- irf.r.ri 

I rollment in night schools to be 
counted in apportionment. 
1717. County Superintendent of Educa- 
tion. 
: " '- ; 
1719. Duty to visit schools, etc. 



-_--.- - . . . ... - --„=--.- - : - -_■-- -. :.; >.--a : ; 

£.7.7771. \h~r..-.~ -.r~. :. , Z:.:~ 
;-. surer — Apportionment of 

s :"-:•:'. :.7_ i: 
I'll r.^-'-.rjj :f .::-::• r iper!" :~z. i-.z: 

— ••• z-c.'. '.'. :: 77,".. 7. 

1722. Annual report, etc, of County Su- 
perintendent. 
23. County to fmnHiigli certain things. 

1734. Report to County Treasurer mil 
\.i.'.zz.-. ~~zzz:~'-z 

:~: r ?.er..-::-T7 v." :■"■ >er: 

1726. What to furnish the Trustees. 

1 ' . Seal of County Superintendent. 

"_~_: h::r:^ ::'_ .7.77.7-- ,v;:rr::.:?:.- 
It*:: : :' ■.;"".". 7. : r. r r. - : 

:"1: ::---7t S.-.7: ::' I r-::-.t: :-■—:-* 
"-"-:- :•:—•:•-:_ "t: 

1730. Duties of County Board of Ednca- 
7. : r. 

1":1 7T--.- -r-ii: ':•- 77,7"-77 

1732. Physiology and hygeine to be 

7,-.--?"- 7 :r. -'-'.'.:: s :"-:•: Is — .•"".- 
ture of alcoholic drinks and 
narcotics. 

1733. Text-books relating to alcoholic 

drinks and mmwi- faf--.- 

1734. Penalty to enforce provisions. 

:~: '-. Zzzir --:::_ 7.-.T 

1736. Advisory Board to County Super- 

intendent — Powers in case of 
appeal. 

1737. Meetings and duties of Board of 

— 37" cation. 

1738. Counties to be divided into school 

i.?7r.:: — :~ ~z.:~: ".:" ::. e:: 

1739. Dissolution of school distracts in 

":;■:•.:.::.£ 7 : 777. 7. " 5 
l~-.: ro-".r; ::' 7.-;; _":•"• "5 

1741. School districts made tax distracts. 

1742, I-:.- school distracts may levy 

special school tax — How col- 

'.i-.'.i-i ir.; J-2.-.Z 
'-'-.' S :'_■:'. ;• ?7r.:7f r 77 : = .e 

Elections. 
1744 How election shall be held. 
:'*c. Eal".:t! 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 



SEC. 

1746. How bonds shall be sold — Special 

tax levy. 

1747. How bonds shall be signed. 

1748. Proceeds — How disposed of. 

1749. How money shall be deposited. 

1750. Special school districts in adjoin- 

ing Counties. 

1751. School bonds exempt from taxa- 

tion. 

1752. Appointment of school Trustees — 

Terms — Duties — Graded Schools 
— Districts of five thousand in- 
habitants. 

1753. Duty of Board of Trustees. 

1754. Regular session of Board of Trus- 

tees. 

1755. Power to sell school property. 

1756. Transfer of pupils — When and how 

made. 

1757. Reports of teachers — How and to 

whom made. 

1758. Claims against fund — How and by 

whom signed. 

1759. All school warrants to be approved 

by County Superintendent of 
Education. 

1760. Trustees not to receive pay as 

teachers. 

1761. Powers and duties of School 

Trustees. 

1762. Fund for public school bulidings. 

1763. Additions to fund. 

1764. Consolidated districts to have pref- 

erence. 

1765. Must comply with plans of the 

State Board of Education. 

1766. Approval of County Board neces- 

sary. 

1767. Show how funds paid out. 

1768. Tax returns. 

1769. Poll tax, etc., to be reported. 

1770. Poll tax in the County. 

1771. County Treasurer to report who 

have paid poll tax. 

1772. Treasurer to make monthly re- 

ports to County Superintendent 
of Education. 

1773. Moneys — How disbursed. 

1774. County Treasurer to make a re- 

port to State Superintendent. 

1775. Unexpended balances to be car- 

ried forward. 

1776. Unlawful for certain officers to 

discount teachers' pay certifi- 
cates. 

1777. Trustees to regulate the school 

terms — Contract of Trustees. 

1778. Age of attendance. 

1779. State and County Boards and 

Trustees exempted from militia 
duty. 

1780. Mixed schools unlawful. 

1781. Scholastic year. 

1782. Public schools to be kept open 

three months. 

1783. Appropriation to increase school 

term. 

1784. Same. 

1785. Same. 



Sec 

1786. Same. 

1787. Same. 

1788. Same. 

1789. Same. 

1790. Annual capitation tax on dogs. 

1792. Acts creating special graded 

schools districts not repealed — 
Annual reports — Special tax 
and tuition. 

1793. Text-books provided at cost — 

Funds — Depositories, etc. 

1794. School Trustees may purchase 

books for certain pupils. 

1795. School book depositories. 

1796. Fund for free library. 

1797. How money to be paid. 

1798. Selection of books. 

1799. Preservation of books. 

1800. Exchange of libraries. 

1801. Appropriation. 

1802. Number of schools entitled to 

benefit. 

1803. Enlargement of libraries. 

1804. Unlawful to use condemned books. 

1805. Old school claims paid. 

1806. Officers authorized to borrow 

money to pay school claims — 
Amount, interest and disburse- 
ment. 

1807. Reserve fund to place schools on 

cash basis. 

1808. Reserve fund — How used and 

maintained. 

1809. Students of public schools to ob- 

serve Arbor Day. 

1810. South Carolina Day to be ob- 

served. 

18J 1 . Officers and Trustees of certain 
institutions to report to State 
Superintendent. 

1812a. Districts may establish high 
school. 

1812b. Trustees may establish high 
school — Proviso. 

1812c. Board of trustees. 

1812d. High schools in being may claim 
benefit of Act. 

1812e. Powers of State Board of Edu- 
cation. 

1812f. Conditions of appropriation. 

1812g. Special tax prerequisite. 

181 2h. Teacher training courses — Pro- 
visos. 

1812i. Appropriation — Proviso. 

1812j. Certain sections of Code repealed. 

1813a. Appropriation for teaching of 
agriculture. 

1813b. How districts may receive bene- 
fits of Act — Teacher — Duties. 

1813c. Term of teacher's service. 

1813d. Requirements for schools under 
this Act. 

1813e. Enrollment of pupils. 

1813f. Certain aid may be sought. 

1813g. Text book. 

1814a. School attendance required. 

1814b. Special cases provided for. 

1814d. Certain absences not unlawful. 
Duties of parents, guardians, 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 



SEC. 

1814e. 
1814f. 

1814g 



1814k 



1814i. 



1814J. 



1814k, 



18141. 



1814m 
1814n. 

1815a. 

1815b. 
1815c. 
1816a. 

1816b. 



superintendents, teachers, etc., 
in regard to absences. 
Children between the ages of 
-fourteen and sixteen years . 

A penalty for the violation of 
this Act provided — Notice by 
trustees. 
Duties of the board of trustees 
Census — County Board — 
Notice to parent, etc. — Record 
Prosecution — May enter place 
of business — Age of Child — 
Report — Census clerk Com- 
pensation. 
Duties of superintendents, prin- 
cipals and teachers — Record 
of attendance — Reports — 
County Superintendent — When 
to deduct from teachers' sal- 
ary — Appeal. 

Duties of the County Board of 
Education — Publication of 
Act — Notice of opening of 
schools. 

Adoption of compulsory school 
attendance proTided for — No- 
tice of length of term — Filing 
— Clerk of Court — County 
Board of Registration — County 
Superintendent of Education -- 
Duties — Election. When or- 
dered, managers and conduct 
thereof. 

Provisions for rules and regula- 
tions as to time, place, and 
hours of attendance — Ap- 
proval — Revocation — County 
Superintendent — Appeal. 

No tuition, contingent, matricula- 
tion, incidental or other fee al- 
lowed. 

, Removal of trustees from office. 

Effective July 1 1915. — Inconsis- 
tent Acts repealed. 

Supplementary reading for pub- 
lic schools. 

Purchase of books. 

Books loaned to pupils. 

Annual appropriation to be 
made for rural schools. 

Certain requirements for school 
to be entitled to share in $200 
appropriation. 



Sec 

1816c. 

1816d. 
1816e. 
1816f. 

1816g. 

1816h. 

1598. 

1607. 



Requirements for $300 appropri- 
ation. 
Districts prohibited. 
May convey children to school. 
State Superintendent of Educa- 
tion may refuse aid. 
. Rules and regulations for distri- 
bution of funds. 
. Applications. 

HEALTH. 
Inspection of schools etc. — Water 
supply, etc. — Schools closed 
during epidemic. 
Powers of school authorities to 
prevent spread of contagious -or 
infectious diseases. 

SPECIAL PROVISIONS AS TO 
SCHOOLS IN CRIMINAL CODE 

575. A misdemeanor for certain officers 

to discount teachers' pay cer- 
tificates. 

576. School officers prohibited from be- 

ing agent for school books. 

577. County Superintendents of Educa- 

tion to apportion school funds 
monthly among school districts. 

578. Treasurer not to demand commis- 

sion on school funds. 

580. Treasurer to keep amount of poll 

tax — Penalty. 

581. Treasurer to report to School Com- 

missioner. 

582. Penatly for neglecting to report 

school funds to Superintendent 
of Education. 

583. Auditor to report polls, etc. — Pen- 

alty. 

585. Exercising office of examiner or 

trustee after removal. 

586. Failure of School Commissioner or 

County Treasurer to keep gen- 
eral cash account. 

586a. Teachers, principals and superin- 
tendents required to file re- 
ports. 

586b. Report to County Superintendent 
of Education. 

586c. County Superintendents to file re- 
ports with State Superinten- 
dent of Education. 

586d. Cancellation of certificates. 

586e. County Board fund. 



8 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

§ 1698. State Superintendent of Education — His Election, Bond, and 

Salary. — The State Superintedent of Education shall be elected at each gen- 
eral election,, in the same manner as other State officers, and shall enter upon 
the duties of his office at the time prescribed by law. Before entering upon 
the duties of his office, he shall give bond, for the use of the State of South 
Carolina, in the penal sum of five thousand ($5,000) dollars, with good and 
sufficient sureties, to be approved by the Governor, conditioned for the faith- 
ful and impartial performance of the duties of his office ; and he shall also, at 
the time of giving bond, take and subscribe the oath prescribed in Section 26 
of Article III of the Constitution of the State, which shall be endorsed upon 
the back of said bond ; and the bond shall be filed with the Secretary of State, 
and by him recorded, and when so recorded, shall be filed with the State 
Treasurer. The State Superintendent of Education shall receive as compen- 
sation for his services the sum of nineteen hundred dollars per annum,, pay- 
able monthly out of the State Treasury; and his traveling expenses, not ex- 
ceeding three hundred dollars, shall be paid out of the State Treasury upon 
duly itemized accounts rendered by him. 

Civ. '02, § 1174; 1896, XXII,150; 1901, XXIII, 750. 

§ 1699. Duties. — He shall have general supervision over all the public 
school funds, and it shall be his 'duty to visit every County in the State 
as often as practicable for the purpose of inspecting the schools, awakening 
an interest favorable to the cause of education, and diffusing as widely as 
possible, by public addresses and personal communications with school officers, 
teachers and parents, a knowledge of existing defects and of desirable im- 
provements in the government and instruction of the said schools. He shall 
secure, by and with the advice of the State Board of Education, uniformity 
in the use of text books throughout the free public schools of the State, and 
shall forbid the use of sectarian or partisan books and instruction in said 
schools. He shall prepare and transmit to the several County Superintendents 
of Education, school registers,, blank certificates, reports and such other suit- 
able blanks,, forms and printed instructions as may be necessary to aid school 
officers and teachers in making their reports and carrying into full effect the 
various provisions of the school laws of this State; and shall cause the law 
relating to the free public ^schools, with such rules, regulations, forms and 
instructions as shall be legally prescribed, to be printed, together with a suit- 
able index, in pamphlet form, at the expense of the State ; and he shall cause 
copies of the same to be transmitted to the several County Superintendents of 
Education for distribution. He shall collect in his office such school books, 
apparatus, maps and charts as can be obtained. He may certify copies of all 
papers filed in his office, and such certified copies shall be competent evidence 
thereof. 

Civ. '02, § 1175; 1896, XXII, 150. 

Note. — The State Superintendent has general supervision over all public 
schools and school funds. Duncan v. Heyward, 74 S. C. 565; 78 S. C. 243. 
No fees can be charged pupils entitled to attend such schools. Attorney Gen- 
eral's opinion, 1903, ,Reports and Resolutions, 1904, p. 1062. Though such 
fees may be charged under some special charter. Atty. General's opinion 
1901, Oct. 15. 

§ 1700. To Report to General Assembly. — He shall make a Report, through 
the Governor, to the General Assembly at each regular session thereof show- 
ing : 1, The whole number of pupils registered in and the number enrolled 
as hereinafter defined in the free common schools of this State during the year 
ending the thirtieth day of the last preceding June, and the number in each 
County registered in and the number enrolled as herinafter defined during the 
same period. 2. The number of whites and the number of colored, of each 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 9 

sex, attending the said schools. 3. The number of free schools in the State. 
4. The number of pupils studying each of the branches taught. 5. The aver- 
age wages paid to teachers of each sex, and to the principals of schools and 
departments in said schools. 6. The number of school houses erected during 
the year, and the location, material and cost thereof. 7. The number previ- 
ously erected, and the material of their construction, and their condition and 
value, and the number with the grounds enclosed. 8. The Counties in which 
Teachers' Institutes were held, and the number attending the Institutes in 
each County. 9. Such other statistical information as he may deem impor- 
tant, together with such plans as he may have matured and the State Board of 
Education may have recommended for the management and improvement 
of the school fund and for the more perfect organization and efficiency of 
the free public schools. All State institutions of higher learning shall make 
an annual report on or before the first day of September of each year to the 
State Superintendent of Education, embracing a detailed account of the op- 
erations of such institutions, including the expenditure of the public moneys 
for the current scholastic year, which reports the State Superintendent of Ed- 
ucation shall include in his annual report to the Legislature. All Acts or 
parts of Acts requiring annual reports to be made to other authorities are 
hereby repealed. 

Civ. '02, § 1176; 1896, XXII, 150. 

Note. — As to erection of school houses, see Atty. Gen. op. May 12, 1916. 

§ 1701. Salary of Clerk. — The sum of nine hundred dollars shall be al- 
lowed to the Superintendent* of Education for the purpose of defraying the 
expenses of clerk hire in his office. 

Civ. '02, § 1177; 1896, XXII, 150. 

§ 1702. State Treasurer to Hold Devise or Bequest to State for Educa- 
tional Purposes, etc. — The State Treasurer shall take and hold in trust for 
the State any grant or devise of lands and any gift or bequest of money or 
other personal property made to him for educational purposes, all gifts to 
the State where the purpose is not designated, all escheated property, the 
net assets or funds of all estates or copartnerships in the hands of the 
Courts of the State where there have been no claimants for the same within 
the last seventy years, and other money/Coming into the Treasury of the State 
by reason of the Twelfth Section of an Act entitled "An Act to provide a 
mode of distribution of the moneys as direct tax from the citizens of this 
State by the United States in trust to the State of South Carolina," approved 
the twenty-fourth day of December in the year eighteen hundred and ninety- 
one, togther with such other means as the General Assembly may provide. 
The State Treasurer shall from time to time invest in bonds of this State or 
of the United States all such money in the name of the State,, as permanent 
State school fund, and shall pay out the income derived therefrom to the 
County or the Counties of the State as the same may be apportioned among 
said Counties by the State Board of Education: Provided, That no disposi- 
tion shall be made of any property, grant, devise, gift, or bequest, inconsist- 
ent with the purpose, conditions or terms thereof. For the faithful manage- 
ment of all property so received by the State Treasurer,; he shall be responsi- 
ble upon his bond to the State as for other funds received by him in his 
official capacity: Provided, however, That the Trustees of any school dis- 
trict of this State may take and hold in trust for their particular school district 
any property granted, devised, given or bequeathed to such school district, 
and apply the same in interest of the schools of their district in such manner 
as in their judgment seems most conducive to the welfare of the schools when 
not otherwise directed by the terms of the grant,, devise, gift or bequest : 
And Provided, further, That before said Trustees shall assume control of 



10 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

any grant, devise, gift or bequest they shall give bond, to be approved by the 
County Board of Education of the County in which such grant, devise, gift 
or bequest is made, conditioned for the faithful discharge of the trust reposed 
in them in respect to said property, which bond shall be deposited with the 
Clerk of the Court of said County. The said Trustees are hereby invested 
with the care and custody of all school house or other school property belong- 
ing to their school districts, with full power to control the same in such 
manner as they may think will best subserve the interest of the free public 
schools and the cause of education. 

Civ. '02, § 1178; 1896, XXII, 150. 

§ 1703. Other Duties. — The State Superintendent of Education shall dis- 
charge such other duties as may be provided by law; and he shall deliver to 
his successor, within ten days after the expiration of his term of office, all 
books, papers, documents and other property belonging to his office. 

Civ.'02, § 1179; 1896,XXII, 150. 

§_1704. Vacancy — How Filled. — In case a vacancy occurs in the office of 
State Superintendent of Education,, from any cause, such vacancy shall be 
filled by the Governor, by and with the advice and consent of the Senate, and 
the person so appointed shall qualify within fifteen days from the date of 
such appointment, or else the office shall be deemed vacant. If the vacancy 
occur during the recess of the Senate, the Governor shall fill the same by 
appointment until the Senate can act thereon. 

Civ.'02, § 1180; 1896, XXII, 150. 

§ 1705. State Board of Education. — The Governor, the Superintendent of 
Education, and seven persons, one from each Congressional District, to be 
appointed by the Governor, who shall hold office for four years, and until 
their successors may be appointed, unless sooner removed by the Governor, 
shall constitute the State Board of Education. Of this Board the Governor 
shall be ex officio Chairman, and the State Superintendent of Education shall 
be Secretary of the Board. The Secretary shall be custodian of the records, 
papers and effects, and shall keep minutes of its proceedings; and said re- 
cords, papers and minutes, shall be kept in the office of the State Superintend- 
ent of Education and shall be open to inspection by the public. 

Civ. '02, § 1181; 1896, XXII, 150. 

§ 1706. Meeting's of Board— Compensation. — The said Board shall meet 
on the call of its Chairman, or upon the request of a majority of its members, 
at the office of the State Superintendent of Education, or at such other place 
as may be designated in the call. A majority of the Board shall constitute it 
quorum for transacting business. The official seal of the State Superintend- 
ent of Education shall be used for the authentication of the acts of the State 
Board. The members of the State Board of Education appointed by the Gov- 
ernor shall receive as compensation four dollars per diem and mileage as is 
provided for members of the General Assembly, not exceeding twenty days in 
any one year. 

Civ.'02, § 1182; 1896, XXII, 150. 

§ 1707. Advisory Board to Superintendent of Education — Powers in Cases 
of Appeal. — The State Board of Education shall constitute an advisory body, 
with whom the State Superintendent of Education shall have the right to 
consult when he is in doubt as to his official duty ; and shall have the power 
to review on appeal all decisions of the County Boards of Education, as here- 
inafter provided for. Appeals to the State Board of Education must be 
made through the County Boards of Education, in writing, and must dis- 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 11 

tinctly set forth the question of law as well as the facts of the case upon 
which the appeal is taken, and the decision of the State Board shall be final 
upon the matter at issue. 

Civ. '02, J 1183; 1896, XXII, 150. 

Note. The remedy against illegal acts of County Boards of Education is 
by appeal to the State Board. Greenville College for Women v. County Board 
of Education, 75 S. C. 93. State v. Daniel,. 52 S. C. 201. Sligh v. Bowers, 
62 S. C. 409. The appeal operates as a supersedeas. Atty. Gen. op. 1905, p 41. 
As to procedure on appeal to State Board of Education, see Atty. Gen. op. 
June 24, 1913. 

§ 1708. The State Board of Education shall have power: 1. To 
adopt rules and regulations not inconsistent with the laws of the State for 
its own government and for the government of the free public schools. 2. 
To prescribe and enforce rules for the examination of teachers. 3. To pre- 
scribe a standard of proficiency before County Boards of Education, whicn 
will entitle persons examined by such Boards to certificates as teachers. 4. 
To prescribe and enforce the course of study in the free public schools. 5. 
To prescribe and enforce, as far as practicable, the use of a uniform series 
of textbooks in the free public schools of the State ; to enter into an agree- 
ment with the publishers of the books prescribed, fixing the time of prescrip- 
tion and the price above which the books shall not be retailed during the 
period of prescription and a rate of discount at not less than which the books 
shall be furnished by the retail dealers in this State; to require the publish- 
ers, in the discretion of the Board, to establish in each county one or more 
depositories of their books within the State, at such place or places as the 
Board may designate, and where such books may be obtained without delay; 
and to exact of the publishers a bond in the sum of not more than five thous- 
and dollars, conditioned for the faithful performance of the agreement, and 
with a penalty of twenty-five dollars for each violation of the agreement, the 
form and execution of the bond to be approved by the Attorney General of 
the State, which agreement and bond shall be deposited with the State Treas- 
urer, all recoveries thereon to go into the State treasury for school purposes : 
Provided, That the State Board of Education shall not have power, without 
permission of the General Assembly of the State, to change a textbook within 
five (5) years from the date of its adoption except for violation of the agree- 
ment entered into by its publisher with the State Board of Education, for 
which cause it may be changed by the said Board : And Provided,further, That 
not more than 50 per cent, of the exchangeable books used in the first, second 
and third grades, and not more than 50 per cent, of the exchangeable books 
used in the fourth, fifth, sixth and seventh grades, and not more than 50 per 
cent, of the exchangeable books used in the high school grades, as designated 
by the State Board of Education, shall be changed at any one adoption. 
Every change for the textbook adopted for any subject or grade shall be based 
on at least one reason to be assigned for the change by the State Board of 
Education in writing, and the vote of the Board making such change shall 
be recorded in the minutes of said Board, and shall be taken on a roll call, 
said roll call to be recorded in said minutes. The meetings of the State 
Board of Education, at which textbooks may be adopted, shall be public; 
and it shall be unlawful for any teacher drawing public school money to use 
any book not prescribed by the State Board of Education without the con- 
sent, in writing, of said Board. 6. To review on appeal an order revoking a 
county certificate. 7. To award scholarships created by the General Assem- 
bly in the institutions of learning in whole or in part supported by the State. 

To grant State teachers' certificates and to revoke them for immoral or 
unprofessional conduct, profanity or evident unfitness for teaching. 



12 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

§ 2. Inconsistent Acts Repealed. — That all Acts and parts of Acts inconsis- 
tent with this Act are hereby repealed. 

Approved the eleventh day of March, A. D. 1915. 

Note. There is no indication in this Section that State Board of Educa- 
tion may not provide by contract with publishers of school text books to 
maintain at State Capitol a central wholesale depository from which its 
agencies and the County depositories may be supplied at discount of not less 
than ten per cent. Duncan v. State Board, 74 S. C. 560, affirmed in 78 S. C. 
227. As to teachers' certificates, see Atty. Gen. op, April 1, 1914. As to 
power of State Superintendent in making contracts for the adoption and 
sale of school books within the State, see ! Johnson Pub. Co., v. State Board 
of Education, 91 S. C. 55. 

Civil Code 1912, § 1708. Amended 1914. 

§ 1709. State Board of Education to Award Certain Scholarships. — The 

scholarships provided by law in the University iof South Carolina, in the Clem- 
son Agricultural College, in The Citadel, the Military College of South Car- 
olina, and in the Winthrop Normal and Industrial College, shall be awarded 
by the State Board of Education upon the recommendation of the faculties of 
the respective institutions, or of such committee as may be appointed for 
that purpose by the boards of trustees of those institutions. 
1911, XXVII, 113. 

§ 1710. Dates of Competitive Examinations. — These recommendations 
shall be determined by competitive examinations. The dates of these exam- 
inations shall be as follows : For the University of South Carolina, and for 
the Clemson Agricultural College, the second Friday in July of each year. 
For The Citadel, the Military College of South Carolina, the second Friday 
in August of each year. For the Winthrop Normal and Industrial College, 
the first Friday in July of each year. 

1911, XXVII, 113. 

Note. — In case of flood, storm or other extraordinary circamstances pre- 
venting the holding of examinations on these dates, other dates may be set 
by presidents of the respective colleges. Atty. Gen. opinion, 1916. 

§ 1711. Conditions and Methods of Examinations. — The conditions and 
methods of these examinations shall be as follows : No person, who, during 
the current year, has won or holds a scholarship at one State institution shall 
be eligible to stand an examination for a scholarship in any other State insti- 
tution. No applicant for a scholarship shall be eligible to stand an examina- 
tion for a scholarship if such applicant has already attended the institution 
for which the scholarship is intended, or any other institution of higher learn- 
ing known as college or university: Provided, That this condition shall not 
apply where there is no other applicant. No student who has forfeited a free 
scholarship, because of failure to maintain himself, shall be eligible to com- 
pete for reappointment at the same institution, or appointment in any other 
institution. No applicant shall be debarred from any of these examinations 
by reason of the fact that he or she has not obtained a permit to stand. The 
questions for these examinations shall be prepared under the direction of the 
presiding officers of the several institutions, and shall be forwarded to the 
respective County Superintendents of Education ten days before the dates 
appointed for the respective examinations. The said County Superintendents 
of Education shall hold the said examinations under such rules as may be 
prescribed by the respective institutions and approved by the State Board of 
Education, and the County Superintendents of Education shall forward the 
papers to the presiding officers of the several institutions. The papers shall 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 13 

be examined under the direction of the presiding officers of the respective 
institutions, and the faculty of each institution, or such committee as the 
board of trustees thereof may appoint for that purpose, shall make recom- 
mendations as to the award of the scholarships to the State Board of Educa- 
tion. Each institution shall have the right to reject any applicant who, in 
respect of age, of examination papers, or in any respect, fails to meet its re- 
quirements for admission. 

1911, XXVII, 113. 

§ 1712. Vacancies — How Filled. — If a vacancy shall occur in a scholarship 
for which there is no eligible applicant from/the county to which that scholar- 
ship belongs, the faculty of the institution in which that vacancy occurs, or 
the committee to which this duty has been entrusted by the board of trustees, 
may fill the vacancy by the appointment of any applicant from the State at 
large : Provided,- That when such vacancy is filled by such appointment at 
large the scholarship shall again become vacant at the end of the current 
session if there is an eligible applicant from the County to which the scholar- 
ship regularly belongs. 

1911, XXVII, 113. 

§ 1713. Requirement as to Scholarships. — Those receiving scholarships 
in the University of South Carolina shall be required to take the regular 
teachers' normal course. 

1911, XXVII, 113. 

§ 1714. Normal Scholars Deposit Notes. — All holders of normal scholar- 
ships in the University of South Carolina shall be required at the time of the 
receipt of any scholarship funds by them to deposit with the treasurer of the 
University their notes for the amount of scholarship money received, promis- 
ing to repay such money to the State Treasurer at or before the expiration 
of eight years after date of such receipt, which notes and promises shall be 
cancelled on presentation to the dean of the, department of education of satis- 
factory evidence of the promissors' having taught school in South Carolina 
for two years after leaving the institution. 

1911, XXVII, 113. 

§ 1714a. Award of Scholarships in Winthrop Regulated. — After the ap- 
proval of this Act, in counties to which less than four free scholarships in 
Winthrop College are apportioned, at least one such scholarship shall be 
open exclusively to applicants from rural communities, and in counties hav- 
ing more than four such scholarships at least two shall be open exclusively to 
applicants from rural communities : Provided, That nothing herein contained 
shall prevent applicants from rural communities from contesting for any 
such scholarships : Provided, The said applicants from rural communities 
make the required entrance examination average ; if they do not, then the 
award of the scholarship shall revert to such other applicant or applicants 
who make the required average. 

1912, XXVII, 685. 

§ 1714b. Beneficiary Scholarships to Clemson to Be Awarded — How. — The 

beneficiary scholarships in Clemson Agricultural and Mechanical College as 
now apportioned among the several counties shall be awardea as hereinafter 
provided, to wit: In counties having less than four such scholarships, one 
shall be open exclusively to boys from rural communities, and in counties 
having four or more such scholarships, at least two thereof shall be open ex- 
clusively to boys from rural communities: Provided, That nothing herein 



14 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

shall exclude boys residing in rural communities from also concesting for any 
of such scholarships. 

1912, XXVII, 685. 

§ 1714c. Beneficiary Scholarships for Clemson. — There are hereby estab- 
lished and created fifty-one beneficiary agricultural scholarships in the Clem- 
son Agricultural College of South Carolina, said scholarships to be of the 
value of $100.00 per annum, and free tuition, and to be awarded so that there- 
shall be one scholarship to each county, and seven scholarships from the State 
at large. 

1912, XXVII, 686. 

§_1714d. Scholarships to Be Awarded — How. — The said scholarships shall 
be awarded as a prize for meritorious agricultural achievement under the fol- 
lowing conditions : On or before July 1st, the County Executive Committee 
or other governing Board of the most representative and well organized ag- 
ricultural association or society or organization of farmers in the county as 
determined from time to time by the Board of Trustees of Clemson Agricul- 
tural College, shall recommend to the President of the said Clemson Agricul- 
tural College, in order of merit, three or more young men who have done 
creditable work of an agricultural nature, giving an explicit statement of the 
work done by each. The young men thus recommended shall be notified by 
the President of the College and shall stand examination at the county seat 
at the same time and under the same conditions as other scholarship appli- 
cants; except that no certificate of financial inability shall be required. In 
the event of there being no such agricultural association or society, or organ- 
ization of farmers in any particular county, the Director of the Agricultural 
Department of the said Clemson Agricultural College shall solicit opinions 
from three or more representative farmers in the said county, and 'from these 
recommendations prepare a list which shall be submitted to the President of 
the College in lieu of the recommendation of the said Executive Committee or 
other governing Board of such agricultural association, society, or organiza- 
tion of farmers. 

1912, XXVII, 686. 

§ 1714e. Scholarships at Large.- — Recommendations for the .seven scholar- 
*hips at large shall be made in every way as for the county scholarships, ex- 
cept that the Executive Committee or other governing Board of the most 
representative and well recognized association or society or organization of 
farmers in the State at large as determined from time to time by the Board of 
Trustees of Clemson Agricultural College shall act instead of the County Ex- 
ecutive Committee or other governing Board hereinbefore mentioned in Sec- 
tion 1714d. 

1912, XXVII, 686. 

§_1714f. Age Limit. — Any student as above recommended for meritorious 
agricultural service, shall, as a prerequisite to admission to the Clemson Ag- 
ricultural College, be of such age as is fixed by the Board of Trustees for ad- 
mission of other students, and shall have passed the entrance examinations as 
required of other beneficiary scholarship students. 

1912, XXVII, 686. 

§ 1714g. Board of Education to Appoint. — The Faculty of the said Clem- 
son Agricultural College, or committee designated by the Board of Trustees 
for that purpose, shall recommend to the State Board of Education for ap- 
pointed to the scholarship, one of the young men on the list of those recom- 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 15 

mended who has successfully passed the examination, and is otherwise 
qualified. 
1912, XXVII, 686. 

1714h. How Scholarships to Be Paid for— Term of Scholarship. — The said 
scholarships shall be paid from the income of the said Clemson Agricultural 
College as now provided by law, and each shall continue for a term not ex- 
ceeding one year; or for such length of time as the beneficiary shall be able to 
maintain himself as a student of the college., and the said sum of $100.00 per 
annum shall be placed to the credit of each beneficiary, and applied to the 
payment of his board and other necessary expenses. 
1912, XXVII, 686. 

§ 1715. Enrollment Defined. — No child shall be counted in the enrollment 
more than once, nor in more than one school district in any one school year, 
and the school. officer charged with the duty of enrollment willfully violating 
this provision shall be guilty of a misdemeanor. The teacher or principal of 
every school shall keep and furnish annually to the Trustees of the school dis- 
trict a list of all pupils that have attended the school during the preceding 
scholastic year, showing the names of the pupils, their respective places of 
residence and the number of days each pupil has attended, which list shall be 
certified to the County Board of Education by said Trustees on or before the 
'1st day of August in every year. 

Civ. '02, § 1185; 1896. XXII, 150. 

§ 1716. Enrollment in Night Schools to Be Counted in Apportionment. — 

Whenever any children of school age, as provided by law, shall attend a pub- 
lic night school for twenty nights in any scholastic year, they shall be deemed 
enrolled and their names shall be used by the County Boards of Education in 
making apportionments just as if they had attended day school ten days, as 
provided by law : Provided, That the said night schools shall be taught by 
teachers qualified by law to teach in the public schools of the State : And Pro- 
vided, also, That the course of study shall be the course approved by the State 
Board of Education for use in the public schools of the State. 

The same children shall not be counted twice in making up the enrollment 
of a school district. 

1905, XXIV, 960. 

§ 1717. County Superintendent of Education — Election — Term — 
Bond — To Qualify Immediately — Failure in Thirty Days Creates Vacancy — 
Act Not to Apply to Bamberg-, Saluda and Berkeley — Not to Affect Superin- 
tendents Now in Office. — There shall be elected by the qualified electors of 
the county, a County Superintendent of Education for each county, who shall 
hold his office for a term of four years and until his successor is elected and 
qualified. He shall, before being commissioned and entering apon the duties 
of his office, give bond to the State, for the use of the county in which he is 
elected, for educational purposes, in the penal sum of one thousand dollars, 
with good and sufficient sureties, to be approved by the- County Board of 
Commissioners, conditioned for the faithful and impartial discharge of the 
duties of his office ; and shall take and subscribe the oath of office prescribed 
in Section 26, Article III of the Constitution of this State, which he shall 
file in the office of the Secretary of State. "When commissioned, he shall im- 
mediately enter upon the discharge of his duties. His failure to qualify with- 
in thirty days after notice of his election shall create a vacancy: Provided, 
That in any county where the term of office of the County Superintendent of 
Education now expires in January such term is hereby extended to July first 
following such expiration : And Provided, further, That the term of office of 



16 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

the County Superintendent of Education shall ^run from July first throughout 
lour consecutive scholastic years in each county: Provided, The provisions 
of this Act shall not apply to; the counties of Bamberg and Saluda : Provided 
The provisions of this act shall not apply to Berkeley county, but the term of 
office for the County Superintendent of Education for Berkeley county shall 
remain two years : Provided, That this Act shall not be construed to extend 
to four years the term of office of any Superintendent already elected for 
two years. 

§_2. Inconsistent Acts Repealed.- — All Acts and parts of Acts inconsistent 
with this Act be, and the same are hereby, repealed. 
Approved the eleventh day of March, A. D. 1915. 

Note. County Superintendent of Education. Removal from office for mis- 
conduct, see Atty. Gen. op. Jan. 25, 1915. Vacancy in office of County Su- 
perintendent,, see Atty. Gen. op. Feb. 19, 1915. 

§ 1718. Vacancies. — The State Board of Education shall fill all vacancies 
in the office of County Superintendent of Education for the unexpired term. 
Note. See Atty. Gen. op. Dec. 22, 1915. • 

§ 1719. Duty to Visit Schools, etc. — It shall be the duty of each County 
Superintendent of Education to visit the schools in his County at least once 
in each year, and oftener if practicable, and to note the course and method 
of instruction and the branches taught, and to give such recommendation in 
the art of teaching and the method thereof in each school as shall be neces- 
sary, so that uniformity in the course of studies and method of instruction 
employed shall be secured as far as practicable in the schools of the several 
grades, respectively. He shall acquaint himself as far as practicable with the 
character and condition of each school, noting any deficiencies that may ex- 
ist, either in the government of the school or the classification of its pupils or 
the method of instruction employed in the several branches, and shall make 
such suggestions in private to the teachers as to him shall appear necessary 
to the good order of the school'and the progress of the pupils. He shall note 
the character and condition of the school houses, the sufficiency or insuffi- 
ciency of the furniture, and shall make such suggestions to the several Boards 
of Trustees as in his opinion shall seem conducive to the comfort and pro- 
gress of the several schools. It shall be the duty of each County Superinten- 
dent of Education to aid the teachers in all proper efforts to improve them- 
selves in their profession. For this purpose he shall encourage the formation 
of association of teachers for common improvement and conduct teachers' 
institutes. He shall attend the meetings of such associations and give such 
advice and instruction in regard to their conduct and management as in his 
judgment will contribute to their greater efficiency. 

Civ. '02 § 1188; 1896, XXII, 150. 

§ 1720. County Superintendent to Attend Annual Settlement of County 
Treasurer — Apportionment of School Funds. — The County Superintendent of 
Education shall attend the annual settlement of the County Treasurer with 
the Comptroller-General. Within ten days after the County Treasurer makes 
his monthly report to the County Superintendent of Education, showing the 
amount of money collected by him since his last monthly report, it shall be 
the duty of the County Superintendent of Education to apportion the money 
arising from a tax on property as shown by the Treasurer's report among the 
school districts *of his County, and to certify such apportionment to the 
County Treasurer, together with the poll tax belonging to each district as 
shown by said report; and it shall be the duty of the County Treasurer to 
enter upon his book to the credit of each school district the amount due each 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 17 

district according to such certificate of apportionment, and the County Treas- 
urer shall pay out the money belonging to the respective districts, upon tfife 
school warrants of such districts, duly signed and countersigned by thfe 
school authorities, for that scholastic year in the order of their presentation- 
Provided, That there be no outstanding claims of the previous scholastic year, 
and the Comptroller-General shall receive the warrants thus paid as proper 
vouchers in the hands of the County Treasurer. 
Civ. '02 § 1189; 1896, XXII, 150, 1898 XXII 761. 

Note. See Crim. Code for penalty for violation of this section. 

§ 1721. Reports of County Superintendent — What to Contain. — The an- 
nual report of the County Superintendent of Education shall contain the com-j 
piete statistics of all schools Avithin his County supported in whole or in part 
from the public funds, as may be required of him by the State Superintendent 
of Education. 

Civ. '02 § 1190, 1896, XXII, 150. 

§_1722. Annual Report, etc., of bounty Superintendent.— The County 
Superintendent of Education shall make an annual report of all claims filed, 
audited and allowed and ordered paid by him during each fiscal year to the 
presiding Judge at the third term of the Court of General Sessions for his 
County, which shall be held after the first day of January in each year, to Be 
submitted by said Judge to the Grand Jury for their examination. After 
examination, the Grand Jury shall report thereon to the presiding Judge any 
matter groAving out of or pertaining to said annual report which to them may 
seem worthy of the attention of the Court. The said report shall thereupon 
be filed by the Clerk of said Court, and kept as papers of said Court, for in- 
spection by any citizen desirous of examining the same. 

Civ. '02 § 1191, 1896, XXII, 158, 1897 XXII, 509. 

§ 1723. County to Furnish Certain Things. — The County Board of Com- 
missioners of each County are authorized and required to furnish the County 
Board of Education of their County with a comfortable and convenient office 
and suitable office furniture, and to supply said office with fuel, Rights, sta- 
tionery, postage and such other incidentals as are necessary to the proper 
transaction of the the legitimate business of his office. 

Civ. '02 § 1192, 1896 XXII, 158. 

§ 1724. Report to County Treasurer All Claims Approved. — It shall he 
the duty of the County Superintendent of Education, on or before the fifteenth 
day of July in each year, to report to the County Treasurer, by school dis- 
tricts, all school claims approved by him for the school year last preceding, 
and the County Treasurer shall thereupon close the school accounts for that 
year, carrying over any balance to the credit of each school district of the then 
current fiscal year. 

Civ. '02, § 1193; 1896, XXII, 158. 

"§'1725. Register to Be Kept. — The County Superintendent of Education 
shall keep a register of all claims approved by him and of such other matters 
as the State Superintendent of Education shall require of him, and in the 
form prescribed by the State Superintendent. 
Civ. '02 § 1194, 1896, XXII, 158. 

§ 1726. What to Furnish the Trustees. — The County Superintendent of 
Education shall furnish the School Trustees of his County with copies of the 
reports made to him by the County Auditor and County Treasurer as to the 



IS GENERAL SCHOOL LAW OF SOUTH CAROLINA 

persons listed and paying poll tax, and shall aid the Trustees in making all 
proper corrections. 

Civ. '02, § 1195; 1896, XXII, 158. 

§ 1727. Seal of County Superintendent. — The County Superintendents of 
Education shall keep in their office a die, in a circular form, upon the centre of 
which shall be engraved, in capital letters,, the word "seal," and on the cir- 
conference the proper words indicating the office, which shall be regarded as 
the seal of the office, and which the County Superintendent of Education 
shall be required to impress upon all papers issued from his office, and affix 
his name to such paper. And it shall be the duty of the County Board of 
Commissioners in each County to furnish the County Superintendent of 
^Education of their respective Counties with such seal. 

Civ. '02, § 1196; 1896, XXII, 158. 

Note. It is not necessary that claims approved by him be also under his 
official seal. State v. Morton, 51 S. C 223. 

§ 1728. Salaries of Oounty Superintendents of Education tfixed. — JJn 

Abbeville, Marlboro, Chester, Lexington, Union and York Counties they shall 
receive annually, in addition to the salaries provided, one hundred dollars, 
and in Laurens County, fifty dollars, for traveling expenses; in every other 
County of the State they shall receive annually in addition to their salaries 
such sum as may be necessary to pay actual expenses incurred by them in 
attending meetings called for the purpose of advancing the educational inter- 
ests, and for the purpose of visiting schools in other Counties in order to be- 
come familiar with their management and mode of teaching: Provided, 
That no such account shall be approved in favor of any County Superintend- 
ent of Education until such Superintendent of Education shall have furnished 
the County Board of Education with an itemized statement, under oath, of 
the expenses incurred: And provided, further, That in no case shall the 1 ex- 
penses exceed one hundred dollars to be paid on the warrant of the County 
Board of Education. His claim for service and expenses shall be presented 
in the form of an account against the County Board of Education, and shall 
be verified by affidavit to the effect that said account is just and true ; that 
the service therein named w T as honestly and faithfully rendered, and that the 
sum therein claimed is rightfully due and remains unpaid. When said ac- 
count shall have been duly audited and approved by the County Board of 
Education, it shall be filed with the County Treasurer, who shall pay the same 
ratably out of the funds apportioned to the several school districts in pro- 
portion to the average number of children attending the free public schools 
in each school district. 

Civ. '02, § 1198; 1883, XXIII, 535; 1891, XX, 1114; 1391, 1268; 1893, XXI, 492; 1899, 
XXIII, 1057; 1905, XXIV, 836. 

. Note.— The Act of 1899, Sec. 1197, held not to repeal Sec. 1057, of the 
Ilev. Stats. 1893, contained in this Section. Houser v. Orangeburg County, 
59 S. C. 265. As to employment of assistants for County Superintendent of 
Education, see Atty. Gen. op. June 4, 1904, and May 30, 1916. 

§ 1729. County Board of Education— Of Whom Composed, Etc.— There 
shall be a County Board of Education in each County, composed of three 
members, one of whom shall be the County Superintendent of Education, and 
the other two shall be appointed by the State Board of Education, at its reg- 
ular meeting in April,, 1897, and every two years thereafter, who shall hold 
l heir office for a term of two years from the time of their appointment and 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 19 

until their successors shall be appointed and qualified, unless sooner removed 
by the State Board of Education. 
Civ. '02, § 1199; 1897, XXII, 516. 

Note. Two are a quorum and can act. See Atty. Gen. op. 1906. 

§ 1730. Duties of County Board of Education. — The County Board of 
Education shall examine all candidates for the position of teacher, and give to 
each person found qualified a certificate setting forth the branches of learn- 
ing he or she may be capable of teaching, and the percentages attained in 
each branch, said certificate to be valid for a term of two years, unless sooner 
revoked, and it may be renewed with or without examination, at the discre- 
tion of the board, all of which shall be done under such regulations as the 
State Board of Education may prescribe. No teacher shall be employed in 
any of the free public schools without a certificate from the County Board of 
Education or the State Board of Education: Provided, That no examination 
as to the qualification shall be made in the case of any applicant who produces 
a full diploma from any chartered college or university of this State, or 
Memminger Normal School of Charleston, and furnish satisfactory evidence 
of good moral character: Provided, further, That the State Board of Edu- 
cation shall examine into the curriculum, standing, faculty and equipment 
of each institution,, and see that it is doing real college work, before certifi- 
cates may be issued on its diplomas. The two members of the board ap- 
pointed by the State Board of Education shall receive for the services ren- 
dered by them compensation at the rate of three dollars per diem for not 
exceeding seven days, except in the counties of Greenville and Orangeburg, 
where the number of days shall not exceed twenty, and in the counties of 
Barnwell, Dorchester,, York and Hampton, where the number of days shall be 
ten, if so much be necessary, in each year, and mileage of five cents for 
each mile of necessary travel, the same to be paid by the County Board of 
Commissioners out of the ordinary county funds. 

Civ. '02, § 1200; 1897, XXII, 516; 1903, XXIV, 1084; 1906, XXV, 37; 1908, XXV, 1151; 
1909, XXVI, 73; 1910, XXVI, 740; 1911, XXVII, 116. 

Note. — As to teacher's certificates, see Atty. Gen. op. April, 1, 1914. Ex 
parte, Greenville College, 75 S. C. 93. Teachers without certificate cannot 
draw pay. Atty. Gen. op. 1906. 

§. 1731. What Shall be Taught.— It shall be the duty of the County Board 
of Education and the Boards of Trustees hereinafter provided for to see that 
in every school under their care there shall be taught, as far as practicable, 
orthography, reading, writing, arithmetic, geography, English grammar, the 
elements of agriculture, history of the United States and this State, the 
principles of the Constitution of the United States and this State, morals 
and good behavior, algebra, physiology and hygiene, and especially as to the 
effects of alcoholic liquors and narcotics upon the human system, English 
literature, and such other branches as the State Board may from time to time 
direct. 

Civ. '02, § 1201; 1896, XXII, 161. 

§ 1732. Physiology and Hygiene to Be Taught in Public Schools — Na- 
ture of Alcoholic Drinks and Narcotics. — The nature of alcoholic drinks and 
narcotics and special instruction as to their effect upon the human system, 
in connection with the several divisions of the subject of Physiology and 
Hygiene, shall be included in the branches of study taught in common or pub- 
lic schools in the State of South Carolina, and shall be studied and taught 
as thoroughly and in the same manner as other like required branches are in 
said schools, by the use of text-books in the hands of pupils where other 



20 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

branches are thus studied in said schools, and orally in the case of pupils 
unable to read,, and shall be taught by all teachers and studied by all pu- 
pils in all said schools supported wholly or in part by public money. 

1908, XXV, 1054. 

§ 1733. Text-Books — Relating to Alcoholic Drinks and Narcotics. — The 

text-books used for the instruction required to be given by the preceding 
Section in primary and intermediate grades, shall give at least one-fourth of 
their space to the consideration of the nature and effects of alcoholic drinks 
and narcotics, and the books used in the highest grade of graded schools shall 
contain at least twenty pages of matter relating to this matter. 

1908, XXV, 1054. 

§ 1734. Penalty to Enforce Provisions. — It shall be the duty of the proper 
officers in control of any school described in the foregoing Section to enforce 
the provisions of the last two Sections; and any such officer, school director, 
committee, superintendent or teacher who shall refuse or neglect to comply 
with the requirements of the last two Sections, or shall neglect or fail to 
make proper provisions for the instruction required and in the manner speci- 
fied by Section 1732, for all pupils in each and every school under his juris- 
diction, shall be removed from office and the vacancy filled as in other cases. 

1908, XXV, 1054. i 

§ 1735. Three Mill Tax. — The County Board of Education of the several 
Counties of this State, or such officer or officers as may be vested with the 
same or similar powers or duties shall levy an annual tax of three mi 1 Is on the 
dollar upon all the taxable property in their respective Counties, which tax 
shall be collected at the same time and by the same officers as the other taxes 
for the same year, and shall be held in the County treasury of the respective 
Counties, and on the first day of July of each year, or as soon as practicable 
thereafter, the said fund shall be apportioned by the said County Boards res- 
pectively among the school districts of their respective Counties in proportion 
to the number of pupils enrolled in the public schools of such school districts, 
and the said County Boards shall ascertain the amount of poll taxes collected 
in and for each school district of their respective Counties, and shall notify 
the County Treasurer and the trustees of each school district of the amount 
of poll taxes, as well as of the amount of the aforesaid fund apportioned by 
them to each school district. 

How School Funds are Distributed and Expended. — The school funds of 
each district shall be distributed and expended by the Board of Trustees for 
the best interests of the school district, according to the judgment of the 
Board of Trustees, on their warrant approved by the County Superintendent 
of Education. For the purpose of said apportionment pupils shall not be 
deemed enrolled until after an attendance of at least ten days during the 
preceding scholastic year. 

Civ. '02, § 1202; 1896, XXII, 161. 

Note. Mandamus will not issue to compel approval of warrant where the 
funds in the treasury are insufficient to pay it. Williams v. Hires, 51 S. C. 
338. Bryson v. Daniels, 52 S. C. 201. The power of the County Superin- 
tendent is also discretionary and mandamus, therefore is not the proper 
remedy; the remedy is given in the next Section. State v. Hires, see Const. 
1895, Art. XI, Sec. 6. As to expenditure of school funds, see Atty. Gen. op. 
May 27, 1913. 

§ 1736. Advisory Board to County Superintendent — Powers in Case of 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 21 

Appeal. — The County Board of Education shall constitute an advisory body 
•with whom the County Superintendent of Education shall ha-ve the right to 
consult when he is in doubt as to his official duty, and also a tribunal for de- 
termining any matter of local controversy in reference to the construction or 
administration of the school laws, with the power to summon witnesses and 
take testimony if necessary, and when they have made a decision said decision 
shall be binding upon the parties to the controversy: Provided, That either 
of the parties shall have the right to appeal to the State Board of Education, 
and said appeal shall be made through the County Board of Education, in 
writing, and shall distinctly set forth the question in dispute, the decision of 
the County Board and the testimony as agreed upon by the parties to the 
controversy, or, if they fail to agree, upon the testimony as reported by the 
County Board." 

Civ. '02, § 1203; 1896, XXII, 161. 

Note. It is clear that the action of a Board of Trustees is subject to super- 
vision and orders of the County Board of Education. State v. Daniel, 52 
S. C. 201. An appeal lies from the County to State Board. Williams v. 
Hires, 51 S. C. 388. And when taken acts as a supersedeas. Atty. Gen. op. 
1905, p. 41. A County Board of Education cannot enter into a contract with 
the Board of an adjoining county for the joint conduct of a school, which will 
bind the successors of the respective districts. Rouse v. Benton, 100 S. C. 
150. Williams v. Hires, 51 S. C. 388, action by school teacher for damagei 
for breach of contract to teach school is not "matter of local controversy in 
reference to construction or administration of school law." Hughes v. 
School District 66 S. C. 259. Mandamus to require County Board of Edu- 
cation to issue teacher's certificate to graduate of Greenville College for Wo- 
men on its diploma is not proper remedy, but appeal to State Board of Ed- 
ucation. Ex parte, Greenville College, 75 S. C. 93. 

§ 1737. Meetings and Duties of Board of Education. — The County Board 
of Education shall meet for the purpose of examining applicants for teachers' 
certificates, and the transaction of other business, at least twice a year, 
at such times as the State Board of Education shall appoint. The County 
Superintendent shall be Chairman and Clerk of the Board,, and shall keep a 
fair record of their proceedings, and register of the name,, age, »ex, color, resi- 
dence and date of certificate of each person to whom a certificate is issued, and 
in case the certificate be cancelled slfall make a proper entry of the same. The 
Board shall have power to revoke any certificate granted by them, for im- 
moral or improper conduct, or evident unfitness for teaching. The Board 
shall hold as many additional meetings during the year as the interest of the 
free public schools of the County may require, subject to regulations pre- 
scribed by the State Board of Education. 

Civ. '02, 5 1204; 1896, XXII, 161. 

§ 1738. Counties to be divided into School Districts — By Whom, Size of, 
Etc. — The County Boards of Education shall divide their Counties into con- 
venient school districts, as compact in form as practicable, having regard to 
natural boundaries, and not to exceed forty-nine nor be less than nine square 
miles in area, and shall alter the lines thereof, and create additional school dis- 
tricts from time to time as the interests of the schools may, in their judgment, 
demand : Provided, That no new school district shall be erected by said County 
Board of Education, except upon the petition of at least one-third of the quali- 
fied electors embraced within the limits of such proposed school district : Pro- 
vided, further, That no school district shall be consolidated except upon a peti- 
tion of at least one-third of the qualified voters of the school district proposed 
to be consolidated : Provided, further, Whenever territory embraced in two or 



22 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

more Counties is proposed to be formed into one school district, the same may 
be formed by the joint action of the Board of Education of the respective 
Counties as herein provided for the formation of school districts in a County : 
Provided, That in cities of ten thousand inhabitants and over, this limitation 
of area shall not apply : Provided, further, That when any school district laid 
out under this Section shall embrace cities or towns already organized into 
special school districts, in which graded school buildings have been erected by 
the issue of bonds, or by special taxation, or by donation, all the territory in- 
cluded in said school district shall bear its just proportion of any tax that 
may be levied to liquidate such bonds or support the public schools therein. 
The present division of the Counties into school districts shall remain until 
changed by the County Boards of Education. The County Boards of Educa- 
tion are authorized and empowered to make contracts for the purpose of 
dividing their Counties into proper school districts and to provide for the pay- 
ment of the expenses thereof out of the school funds of the County. Every 
school district now organized, or to be hereafter organized in pursuance of 
this Section, is and shall be a body politic and corporate, by the name and 

fctyle of School District No (such number as may be designated by the 

County Board of Education), of. County (the name of the County in 

which the district is situated), the State of South Carolina ;, and in that name 
may sue and be sued, and be capable of contracting and being contracted with 
to the extent of their school fund, and holding such real and personal estate 
as it may come into possession of, by will or otherwise, or as is authorized by 
law to be purchased, all of which shall be used exclusively for school pur- 
poses. 

Civ. '02, § 1205; 1896, XXII, 161; 1900, XXIII, 360. 

Note. As to authority of trustees, see State v. Bacon, 31, S. C. 120. School 
district not necessary party to suit on County Treasurer's bond for misappro- 
priated school funds. Aiken County v. Murray, 35 S. C. 508. Circuit Court 
has jurisdiction of action by teacher against school district for damages for 
breach of contract to teach school and complaint need not state that he held 
certificate at time of contract. Hughes v. School District, 66 S. C. 259. School 
districts are bodies corporate and may sue and be sued. Hughes v. School Dis- 
trict, 66 S. C. 259. State v. Bacon, 31 S. C. 765. Aiken County v. Murray, 
35 S. C. 508. County Board has power to alter lines of school districts, Atty. 
Gen. op. 1905, p. 40. When County Board may act without petition to do so, 
Atty. Gen. op. 1904, p. 28, 30. Petition for consolidation should be signed by 
one-third of the voters in each district to be consolidated. Atty. Gen. op. 
1904, p. 29. But the lines of one district may be altered to include another 
district without petition. Atty. Gen. op. 1904, p. 30. Consolidation of dis- 
tricts in different counties is to be based upon separate petition from each 
county. Atty. Gen. op. 1904, p. 32. Adding new territory to a district makes 
it subject to taxation therein. Atty. Gen. op. 1904, p. 33. The alteration of 
district lines does not affect the levy of taxes already made. Atty. Gen. op. 
p. 1076. The expense of survey,, etc., are to be paid out of the school funds, 
Atty. Gen. op. 1904, p. 28. As to dissolution of joint school districts, see Atty. 
Gen. op. May 8, 1913. As to school houses and custody of school property, see 
Atty. Gen. op. Jan. 8, 1913. As to extension of special tax where school dis- 
tricts embracing incorporated cities or towns, are re-formed, see Atty. Gen. 
op. Sept. 9, 1916. 

§ 1739. Dissolution of School Districts in Adjoining' Counties. — Any school 
district formed of parts of two or more counties under the provisions of this 
Section, may be dissolved in the same manner, as that by which the same may 
have been formed, as above provided. 

1910, XXVI, 694. 



GENERAL SCHOOL LAW OF SOUTH CAROLINA '23 

Note. As to dissolution of joint school districts, see Atty. Gen. op. May 8, 
1913. 

§ 1740. Board of Trustees.— Each school district shall be under the man- 
agement and control of the Board of Turstees hereinafter provided for, sub- 
ject to the supervision of the County Board of Education. 

Civ. '02, § 1206; 1896, XXII, 162. 

Note. Words "management and control" do not import any power beyond 
that demanded from their ordinary meaning. Young v. Trustees,, 64 S. C. 131. 

§ 1741. School Districts Made Tax Districts. — The school districts of the 
bv^veral Counties of the State are hereby made and declared to be the divisions 
of the Counties for taxation for all school purposes. 

Civ. '02, § 1207; 1896, XXII, 162. 

§ 1742. How School Districts May Levy Special School Tax — How Col- 
^ted and Paid. — The voters or electors of any school district, who return real 
or personal property for taxation, are authorized to levy and collect an annual 
tax to supplement any special or other constitutional or other tax for like pur- 
poses in the following manner : Upon the written petition or request of at least 
one-third of the resident electors and a like proportion of the resident free- 
holders of the age of twenty-one years, being filed with the County Board 
of Education, asking for the same and stating the rate of the tax levy pro- 
posed, which shall not exceed eight mills, the said County Board of Educa- 
1ion shall order the Board of Trustees of said school district to hold an elec- 
tion at some place within the district, after giving notice of the time and 
place thereof for at least two weeks in some newspaper published within the 
County, and by posting notice thereof in at least three public places within 
such school district, for such length of time, unless there be no newspaper 
published within the County, in which event the posting of the notices as 
above shall suffice: at which said election only such electors as return real or 
personal property for taxation, and who exhibit their tax receipts and regis- 
tration certificates as required in general elections, shall be allowed to vote. 
At the said election the Board of Trustees shall act as managers,, and the 
election shall be conducted as is provided by law for the conduct of general 
elections. At said election each elector favoring the proposed levy 
shall cast a ballot containing the word "Yes," printed or written thereon, 
and each elector opposed to said levy shall cast a ballot containing the word 
"No," printed or written thereon. Within ten days after such election, if 
the majority of those voting shall vote for such levy, the Board of Trustees 
shall furnish the County Auditor with a statement of the amount so levied 
and the Auditor shall enter the same in the tax duplicates, and he shall an- 
nually, each year thereafter, enter said amount in the tax duplicates until 
the same is increased, decreased or repealed by said taxpayers, at an election 
called for the purpose, and he is notified that the same has been increased, 
decreased or repealed; and if increased or decreased, he shall annually enter 
it as before ; which election shall be called and notice given in the same way 
and manner as is herein provided for the calling of meetings to make the 
levy and the giving of the notice that it has been made,, and the County 
Treasurer shall collect the same as other county and State taxes : Provided, 
That any tax which may be levied, increased, decreased or repealed after 
October 1st in any fiscal year ,shall not take effect until the next succeeding 
fiscal year. Such levy shall be a lien on the property in such school dis- 
trict, which shall be subject thereto in case of default of payment. Said 
tax so collected shall be paid out by the County Treasurer upon warrants 
drawn by the Board of Trustees, countersigned by the County Superintendent 



24 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

of Education: Provided, That any surplus of such, levy remaining in the 
Lands of the County Treasurer, at the expiration of any fiscal year shall be 
paid out as other school funds of the district. Each taxpayer, when he pays 
any tax for school purposes voted under the provision of this Section, shall 
have the right to designate to which school in said school district he wishes 
the money paid by him to go ; and the Treasurer shall keep a note of such 
designation, and the money be applied as thus designated. When no desig- 
nation is made by the taxpayer at the time of such payment, the money 
shall be expended as other school funds in such district: Provided, That 
nothing herein contained shall be construed to change the manner now pro- 
vided by the law for the collection and paying out of special taxes in any 
school district now established by any special Act of the General Assembly 
and organized thereunder. 

Civ. '02, § 1208; 1896, XXII, 162; 1900, XXIII, 364; 1903, XXIV, 64; 1906, XXV, 
111; 1907, XXV, 631; 1910, XXVI, 742. 

Note: Proceedings to levy tax; taxpayer participating esxopped to deny 
regularity, etc. Martin v. School District of Laurens, 57 S. C. 125, Provisip. 
that "only such electors as return real or personal property ior taxation , 
etc., shall be allowed to vote, does not apply to election under Sec. 1743. 
MeLaurin v. Tatum, 85 S. C. 444. Where the district lines divide tract of 
land, owner can only vote in the district in which he resides, see Atty. Gen. 
op. i904, p. 52; 1906, p. 102. The voter must both own property in the 
district and have paid taxes, see Atty. Gen. op. 1906, p. 99, March 7, 1900. 
If the election is contested,, the County Board of Education hears the con- 
test and determines the result, subject to review by State Board, Atty. Gen. 
op. 1904, p. 53. This is a local election, distinguished from general or special 
election, and the provisions of the Code requiring registration books closed 
for thirty days prior thereto do not apply to it. See Atty. Gen. op. 1903, p. 
52. If illegally conducted, the levy may be enjoined, Atty. Gen. op. 1903, 
p. 51. The petition must be signed by one-third both of resident voters 
and resident freeholders, Atty. Gen. op. July 10, 1902. The electors must 
be registered, but not the freeholders, which term includes women owning 
propertv in the district,. Atty. Gen. op. 1906, p. 104. The County Auditor 
should be given written notice of the levy. Dent v. Brice, 16 S. C. 12. This 
notice must be given in time for the Auditor to make the proper entries on 
duplicates before October first, Atty. Gen. op. 1906, p. 105. So as to the 
time of election, Atty. Gen. op. May 10, 1902. The taxpayer can only direct 
application of tax to a school within the district wherein his property taxed 
is situated. Atty. Gen. op. 1904, p. 29. When once voted, the tax is a lien 
upon all property within the district until repealed. Atty. Gen. op. 1904, 
p. 30 ; or the land is taken out of the district by an alteration of lines, Atty. 
Gen. op. 1904, p. 31. As to construction, Sec. 1742, see Atty. Gen. op. March 
21, 1916. As to qualification of electors, see Atty. Gen. op. April 14, and 
May 2, 1913. 

1907, XXV, 523. 

§ 1743. School Districts May Issue Bonds— Elections.— The trustees of 
any public school district in the State of South Carolina are hereby author- 
ized and empowered to issue and sell coupon bonds of the said school district, 
payable to bearer, in such denominations and amounts as they may deem nec- 
essary, not to exceed four per cent, of the assessed valuation of the property 
of such school district for taxation, and bearing a rate of interest not ex- 
ceeding six per cent, per annum, payable annually or semi-annually, and at 
such times as they may deem best: Provided, That the question of issuing 
the bonds authorized in this Section shall be first submitted to the qualified 
voters of such school district at an election to be held upon the written peti- 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 25 

tion or request of at least one-third of the resident electors and a like pro- 
portion of the resident freeholders of the age of twenty-one years, to deter- 
mine whether said bonds shall be issued or not, as herein provided : Provided, 
further, That before any election is held hereunder it shall be the duty of 
the trustees of the school district to have a survey of said school district 
made by some competent surveyor and a plat thereof made and filed in the 
office of the Clerk of Court : Provided, further, That the maximum percent- 
age of assessed valuation as fixed above shall not apply to Rosemary School 
District in the County of Georgetown, but that in said school district the 
maximum percentage of assessed valuation of property shall be eight per 
cent. 

1907, XXV, 523; 1909, XVXI, 89. 

Note. Term "qualified voter" means same as "qualified elector" in Const. 
and general election Statutes. McLaurin v. Tatum, 85 S. C. 444. As to the 
levy of special tax, see Atty. Gen. op. July 18, 1913. 

§ 1744. How Election Shall Be Held. — For the purpose of determining 
the issue of bonds authorized in Section 1743, such Trustees of school district 
shall order an election to be held at such place in such school district as may 
be designated by such Trustees of such school district on the question of 
whether such bonds shall be issued or not, in which election only qualified 
voters residing in such school district shall be allowed to vote, and such Trus- 
tees shall give notice of such election for ten days in a newspaper published in 
such district, or by posting such notice in three public places in such school 
district; shall designate the time and place and appoint the managers of 
such election, and receive the returns of the managers and declare the re- 
sults. 

1907, XXV, 523. 

Note. As to validity of bonds issued under this Section, see Dove v. Kirk- 
land, 92 S. C. 322. 

§ 1745. Ballots. — The ballot cast must have written or printed on it the 
words "For Bonds," or "Against Bonds." 

1907, XXV, 523. 

§ 1746. How Bonds Shall Be Sold— Special Tax Levy. — If a majority of 
the votes cast at such election shall be for the issuing of bonds, such Trus- 
tees shall issue such bonds, which shall run not longer than twenty years from 
date of issue thereof, which shall be sold by such Trustees at not less than 
par, and the proceeds of which shall be used by such Trustees for the purpose 
of erecting buildings, and for equipment for maintaining public schools in 
such School district, or for paying indebtedness of such School District; and 
such bonds and coupons of same shall constitute a lien upon the property of 
such school district ; it shall be the duty of the County officers, charged with 
the assessment and collection of taxes, to levy and collect annually from all 
the property, real and personal, within the limits of such school district, a 
sum sufficient to pay the interest on such bonds, and also a bum sufficient to 
provide a sinking fund for the payment of such bonds when due, and the 
coupons thereof shall be received for school taxes upon property within such 
school district. 

1907, XXV, 523. 

Note. As to discretion conferred upon trustees with reference to issuance 
of bonds, see Burris v. Brock, 95 S. C, 109. 

§ 1747. How Bonds Shall Be Signed. — All bonds issued under and in pur- 



26 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

suance of the provisions herein shall be signed by the Trustees of such school 
district: Provided, That the signatures of such Trustees shall be litho- 
graphed or engraved upon the coupons attached to such bonds, and such 
lithographed or engraved signatures shall be sufficient signing thereof. 
1907, XXV, 523. 

§ 1748. Proceeds — How Disposed of. — The proceeds of such bonds as are 
contemplated hereinabove shall be deposited with the County Treasurer of 
the County in which such school district is located,, and shall be receipted for 
by such County Treasurer, and shall be paid out by him only upon the war- 
rant of such Board of Trustees, as provided by law for the handling, ex- 
pending and accounting for all other public funds : Provided, That nothing in 
the above Section shall be construed as affecting any bonds already issued or 
voted in any school district of the State or bonds authorized by special Acts 
of the Legislature. 

1907, XXV, 523. 

§ 1749. How Money Shall Be Deposited. — The Treasurers of the Coun- 
ties in which said school districts are situated are directed and requested to 
deposit all moneys in their hands belonging to the sinking fund which may 
accumulate under the provisions herein in some savings institution or bank 
approved by the Board of Trustees of said school district, at the best rate 
of interest that can be obtained until the said bonds mature, and that the said 
Treasurers shall, at the direction of the Board of Trustees, change the place 
of deposit at any time: Provided, That the sinking fund belonging to Harts- 
ville School District No. 32, in Darlington County, or which may accumulate 
under the provisions of this Act, shall be under the control and management 
of the Board of Trustees of said school district,, and shall* be applied\to the 
bonds issued by them, or be invested by them to meet the payment of^same 
when due: Provided, further, That Norway School District No. 71, in Or- 
angeburg County, may issue school bonds not to exceed eight per cent, of 
the total taxable value of the property in such school district. 

1907, XXV, 523; 1912, XXVII, 631. 

Note. As to care of sinking fund for retirement of school bonds, see Atty. 
Gen. op. June 11, 1915. 

§ 1750. Special School Districts in Adjoining 1 Counties. — Whenever it 
shall happen that by reason of the location of special school districts, portions 
of two adjacent Counties should for convenience be included in one school 
district, the County Boards of Education of such Counties are hereby author- 
ized and directed in joint conference to make such regulations as will enable 
such sections to be established into a separate school district. The provisions 
of this Section shall apply in all respects to the School districts of Marion 
County and Dillon County which have been cut by the lines separating said 
Counties. 

Civ. '02, 5 1209; 1896, XXII, 164; 1910, XXVI, 640. 

§ 1751. School Bonds Exempt from Taxation. — All bonds hereafter is- 
sued or sold, or to be hereafter issued or sold, by the trustees of any school 
district or school districts pursuant to the vote of the majority of the quali- 
fied voters of such school district, or school districts, voting at an election 
heretofore or hereafter held for the erection of buildings,, for equipment, for 
maintaining public schools in such district or districts, or for paying indebt- 
edness of such district or districts, shall be exempt from all taxation for 
State, County, municipal or school purposes. 

1908, XXV, 1051. 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 27 

§ 1752. Appointment of School Trustees — Terms — Duties — Graded 
Schools — Districts of Five Thousand Inhabitants. — Each County Board of 
Education, on the first Tuesday of July, 1906, and on the first Tuesday in 
July every two years thereafter, shall appoint for each school district in 
their County three School Trustees, from the qualified electors and taxpayers 
residing in the district, who shall hold their office for two years, and until 
their successors are appointed and qualified, unless sooner removed by the 
County Board of Education. The County Board of Education shall have 
power to fill, from time to time,, all vacancies in the Board of Trustees. The 
School Trustees shall meet as a Board as soon and as often as practicable, 
and after having been appointed and qualified, at such place as may be most 
convenient in the district. At their first meeting they shall organize by elect- 
ing one of their number Chairman of the Board, who shall preside at the of- 
ficial meetings of the Board, and another Clerk of the Board, who shall record 
their proceedings in a book provided for that purpose. Each member of the 
Board of Trustees shall be duly notified of all meetings of the Board by the 
Clerk of the Board: Provided, That the foregoing provisions of this Section 
shall not apply to special and graded school districts created by, special Acts; 
but that the Trustees and School Commissioners of all special and graded 
school districts shall remain the same in number, and shall be elected or ap- 
pointed in the same manner, and shall hold the office for the same time as 
is provided for in the respective special Acts ; except that in the special 
school districts where the Trustees, or their successors, are appointed by the 
State Superintendent of Education under the provisions of the special Acts, 
the Trustees shall hold office until the first Tuesday in July, 1906,. on which 
day, and on the same day every two years thereafter, the Trustees shall be 
elected by the qualified electors of such school districts : Provided, That 
special school districts having a population of not less than five thousand 
inhabitants, and in which the Boards are not fixed by special or specific legis- 
lation may elect on the second Tuesday in January, 1904, on the second 
Tuesday in January of any alternate year thereafter, nine Trustees, to con- 
stitute a Board in their respective districts : Provided, further, That three 
of the said Trustees, to be elected at said election, shall serve for a term of 
two years, three for a term of four years and three for a term of six years ; 
the terms of each Trustee to be determined by lot, in the presence of the 
County Board of Education; and on the second Tuesday of January every 
two years thereafter, three Trustees shall be elected to serve for a term of 
six years. The election of all Trustees for all such school districts shall be 
by ballot, and shall be conducted under the supervision of three qualified 
tlectors residing within the district, who shall be appointed by the County 
Board of Education, at least ten days prior to the holding of the election. 
The managers shall report the result of the election to the County Board of 
Educaton within ten days thereafter, which Board shall commission the 
Trustees so elected. The Board of Trustees of each special or graded school 
district shall elect from their number a Chairman, who shall preside at their 
meetings, and a Secretary or Secretary and Treasurer, who shall record the 
proceedings of the Board, and who shall keep a full and accurate account 
of all moneys received and expended, showing the source and disposition of 
each item, and who shall make a complete itemized report of the receipts and 
disbursements of each scholastic year to the County Superintendent of Edu- 
cation on or before the 15th day of July of each year. The books and vouch- 
ers of the Secretary and Treasurer shall be open at all times to inspection by 
the public : Provided, further, That upon the petition of one-third of the 
qualified electors of School District No. 13, in Abbeville County, filed with 
the County Superintendent of Education, on or before the first day of June 
in any year, when School Trustees are to be appointed, the County Board of 



28 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

Education shall order an election to elect the Trustees for School District No. 
13 in the manner herein provided for in the election of Trustees of special 
school districts: Provided, further, That upon the petition of one-third of 
the qualified electors of any school 'district in Chesterfield and Oconee Coun- 
ties, except special and graded school districts, created by special Acts, filed 
with the Superintendent of Education of said County, on or before the first 
day of June in any year when School Trustees are to be appointed, the 
County Board of Education shall order an election to elect the Trustees for 
such school districts in the manner herein provided for the election of Trus- 
tees of special school districts. 

1903. XXVI, 64; 1904, XXIV, 528; 1906, XXV, 31. 

Note. Qualification of Trustee: He must have resided in County one 
year, and be a resident qualified elector and taxpayer in the school district. 
Arty. Gen. op. 1904, p. 40. He need not be a freeholder, Atty. Gen. op. 1904, p. 
42. 

There are to be three trustees only, except where by a special provision of 
law provision is made for a larger number, see Atty. Gen. op. 1903, p. 1065. 
The terms of trustees expire on the first Tuesday in July in alternate years, 
see Atty. Gen. op. 1903,. p. 1066, 68. This section does not affect the election 
of trustees in special districts created by special Act, except as expressly 
provided, Atty. Gen. op 1903, p. 47-51. 

School trustees cannot hold any other office; for instance, Mayor, Alder- 
man, City Clerk, etc. Atty Gen. op. 1907, p. 106, 108, 105. If he accepts 
another office, he may still act as trustee until his office is declared vacant 
in a judicial proceeding, see Atty. Gen. op. 1905,, p. 47. Two members being 
a majority of the Board, can transact business, see Atty. Gen. op. 1906, p. 
305. If the absent member has been notified of the time and place of meet- 
ing, see Atty. Gen. op. 1905, p. 47. 

School trustees may be removed by the County Board without preferring 
charges against them. Atty. Gen. op. 1905, p. 56. 

School trustees cannot hold office of Postmaster, nor Probate Judge, Atty. 
Gen. op. Oct. 10, 24, 1912. 

§ 1753. Duty of Board of Trustees. — The Board of Trustees in each school 
district shall take the management and control of the local educational in- 
terests of the same,, and shall visit each school district at least once in every 
school term, and shall be subject to the supervision and orders of the County 
Board of Education. 

Civ. '02, § 1211; 1896, XXII, 165. 

Note. Bryson v. Daniel, 52 S. C. 201. Young v. Trustees, 64 S. C. 131. 

§ 1754. Regular Session of Board of Trustees. — The Board of Trustees 
shall hold a regular session in their school districts at least two weeks before 
the commencement of any or every school term for the transaction of any and 
all business necessary to the prosperity of the schools, with power to adjourn 
from time to time and to hold special meetings at any time or place when 
called upon by the Chairman or any two members of the Board. 

Civ. '02 § 1212; 1896, XXII, 165. 

§ 1755. Power to Sell School Property.— The School Trustees of the ser- 
eral school districts are authorized and empowered to sell school property, 
real or personal, in their school districts whenever they deem it expedient to 
do so, and to apply the proceeds of sale or sales to the sehool fund of the 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 29 

district wherein such sale is made : Provided, That the consent of the 
County Board of Education be first obtained by the Trustees desiring to make 
such sale. That it shall be the duty of the said Board of Trustees, within 
thirty days after Sjaid sale, to enclose a report of the same to the County 
Board of Education, setting forth the terms and amount of said sale. 

Note. As to school houses and custody of school property under Sec. 
1755-61-38, see Atty. Gen. op. Jan. 8, 1915. 
Civ. '02, § 1213; 1896, XXII, 165. 

§ 1756. Transfer of Pupils— When and How Made.— When it shall so 
happen that persons are so situated as to be better accomodated at the school 
of an adjoining school district, whether special or otherwise,, the Board of 
Trustees of the school district in which such persons reside may transfer 
such persons for education to the school district in which such school is 
located; and the Trustees of the school district where the school is located 
shall receive such persons into the school as though they reside within the 
district : Provided, That when such persons are transferred from one school 
district to an adjoining school district levying a special tax for school pur- 
poses, the Board of Trustees of the district in which the school is located may, 
in their discretion, charge an incidental fee not to exceed the additional 
amount that such person would pay if his or her property were located in 
the district: Provided, That children shall not be transferred from a school 
district in one county to a school district in an adjoining county without the 
consent of the Board of Education of the respective counties in which the 
transfer is made: Provided, further, That if any taxpayer pays taxes in 
two or more counties he shall have the right to send his children to the school 
of any one of said counties: Provided, No transfer shall be allowed from 
any school district in this State to another school district without the con- 
sent of a majority of the trustees of the district to which the transfer is 
sought to be made. ; 

Civ. '02, § 1214; 1896, XXII, 165; 1912, XXVII, 619. 

Note. As to the transfer of pupils from one school to another, see Atty. 
Gen. op. Jan. 31, 1913, May 2, 1913, April 29, 1915. For direction as to en- 
rollment, see Ante, sec, 1715. The transfer is only authorized between 
adjoining districts. Atty. Gen. op. 1903, 1069. Scholars from one district 
are not entitled to free tuition in another district unless transferred under 
this Section, see Atty. Gen. op. 1906, p. 103. They cannot be received as 
free pupils without such transfer, see Atty. Gen. op. 1904, p. 37. The order 
making the transfer may be reviewed by the County Board of Education on 
appeal. Atty. Gen. op. 1905, p. 50, 54. It is too late to appeal after both 
district boards have acquiesced in the transfer, Atty. Gen. op. 1904, p. 36. 

§ 1757. Reports of Teachers — How and to Whom Made. — Each school 
teacher shall make out and file with the Clerk of the Board of Trustees, at 
the expiration of each school month, a full and complete report of the whole 
number of pupils admitted to the school during each month, distinguishing 
between male and female, the average attendance, the branches taught, the 
number of pupils engaged in studying each of said branches, and such sta- 
tistics as he or she may be required to make by the County Board of Educa- 
tion: Provided, That whenever a teacher is unavoidably prevented from fil- 
ing said report at the expiration of any school month, the Board of School 
Trustees may have authority to receive the report within a reasonable tim« 
thereafter, if, in their opinion, the reasons for the delay are good and sufficient. 
On the filing of the teacher's report and its approval by the JtJoard of Trus- 
tees, their clerk shall draw an order in duplicate on the County Treasurer 
for the amount due such teacher, which shall be signed by the Board, whick 



SO GENERAL SCHOOL LAW OF SOUTH CAROLINA 

order, if accompanied by a copy of said monthly report and approved by the 
County Superintendent of Education, shall be countersigned by him and the 
duplicate filed in his office. 
Civ. '02, S 1215; 1896, XXII, 165. 

Note. Pupils cannot be included in enrollment unless they have attended 
school at least ten days during the session, see Atty. Gen. *p. 1905, p. 63. 
Separate pay warrants must be issued to each teacher, Atty. Gen. op. 1904, 
p. 44. And salaries are to be paid only for the term the* public school runs, 
Atty. Gen. op. 1903, p. 1076. 

§ 1758. Claims against Fund — How and by Whom Signed. — All claims, 
of every description whatsoever, which are chargeable against the fund 
raised for the support of the free public schools of the State, except such as 
are otherwise provided for by law, must be signed by at least a majority of 
the Board of Trustees of the school district against which the claims are 
chargeable; and the correctness and legality of the same shall be sworn to 
and subscribed by the person presenting such claim before it shall be ap- 
proved by the person or persons authorized by law to give such approval. 
School Trustees and County Superintendents of Education shall,, free of 
charge, administer oaths to persons presenting the claims contemplated by 
this Section, 

Civ. '02, S 1216; 1896, XXII, 165. 

Note. Approval of claim is not compellable by mandamus, "Williams v. 
Hires, 51 S. C. 388. The endorsement of approval need not be under official 
fceal, State v. Morton, 51 S. C. 323. A school district is a part of the County's 
territory, divided off by the County Board of Education, for taxation for 
shool purposes, Gallishaw v. Jackson, 99 S. C. 342. 

§ 1759. All School Warrants to Be Approved by County Superintendent 
of Education. — Any and all school warrants issued by any Board of School 
Trustees against any public school fund shall not be paid by the County 
Treasurer or other officer having the custody of such fund until the warrant 
has been approved by the'County Superintendent of Education of the County 
in which said warrant is drawn. 

1909, XXVI, 132. 

Note.— Mandamus will not issue to compel the County Superintendent 
to approve a warrant where its does not appear that the County Treasurer 
has sufficient funds to pay it. Rouse v. Benton, 100 S. C. 150. 

§ 1760. Trustees Not to Receive Pay as Teachers. — It shall be unlawful 
for a school Trustee to receive pay as a teacher of a free public school. 
Civ. '02, § 1217; 1896, XXII, 165. 

§ 1761. Powers and Duties of School Trustees. — The Board of Trustees 
shall also have authority, and it shall be their duty: 

1. To Proyide School Houses. — To provide suitable school houses in their 
districts, and to make the same comfortable, paying due. regard to any school 
house already built or site procured, as well as to all other circumstances 
proper to be considered so as to best promote the educational interests of 
their district. 

2. To Employ and Discharge Teachers. — To employ teaeh'isrs from those 
having certificates from their County Board of Examiners or from the State 
Board of Education, and fix their salaries, and to discharge the same when 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 31 

£rood and sufficient reasons for so doing present themselves, subject to the 
supervision of the County Board of Education. 

Qualification of Teacher. — No general or special School Trustee shall here- 
after employ any teacher who has not a certificate to teach in the free 
public schools of the State. This provision, however, not to affect the em- 
ployment of any teacher now teaching in any of the schools of the special 
school districts : Provided, further, That the trustees of any such school 
shall always have the right and power to impose any additional examinations 
and qualifications they may deem proper before or after employing any 
teachers : Provided, also, That all funds of the free public schools of the 
State other than those arising from the special levy of special school districts 
shall be paid out of the County Treasury upon warrants duly vouched 
by the School Trustees of the respective schools or school districts or other- 
wise as provided by the laws governing any special school district. 

3. To Suspend or Dismiss Pupils. — To suspend or dismiss pupils when 
the best interest of the schools make it necessary. 

4. To Call Meetings for Consultation. — To call meetings of the qualified 
electors of the district for consultation in regard to the school interests 
thereof ; at which meetings the Chairman or other member of the Board shall 
preside, if present. 

5. To Control School Property. — To take care of, manage and control the 
school property of the district. 

6. To Visit the Schools. — To visit the free public schools within their dis- 
trict from time to time, and to take care that they are conducted according 
to law and with the utmost efficiency. 

7. Ferriage of Trustees.— They shall be allowed to cross all bridges or 
ferries free of charge when they are traveling on official business. 

Civ. '02, § 1218; 1896, XXII 165. 

Note. Location of school house site by trustees is subject to review by the 
County Board of Education, Sligh v. Bowers, 62 S. C. 409. Young v Trus- 
tees, 64 S. C. 131. See also Atty. Gen. op. 1904,, p. 26. Trustees cannot 
charge pupils incidental fees, Younger v. Trustees, 64 S. C. 131. The teacher 
elected must be one having a certificate, Atty. Gen. op. 1904, p. 43, and can- 
not be elected for a longer term than that of the trustees electing, Atty. Gen. 
op. 1901, p. 43, also opinion 1916. The trustees cannot employ a Superinten- 
dent to visit and supervise the work of the schools in their district, Atty. 
Gen. op. 1904, p. 44. The power granted trustees under this Section is sub- 
ject to the supervision and orders of the County Board of Education, Bryson 
v. Daniel, 52 S. C. 201. As to authority of trustees to suspend or dismiss 
pupils, when the best interest of the school makes it necessary and their duty 
to provide separate schools for children of different races, see Tucker v 
Blease, 97 S. C. 303. Trustees are charged by law with the duty of erecting 
school houses so as to promote the educational interests of their districts and 
cannot by contract divest themselves of the right to so exercise their judg- 
ment, Ex Parte, Surratt, 103 S. C. 525 ; Surratt v. Cash, 103 S. C. 531. 

Repairs to school buildings can be most advantageously made when the 
school is not in session and are usually made at such time to «,void interfer- 
ence with school work, "Walker v. Sawyer, 104 S. C. 342. As to power of 
Board of trustees to make contracts effective beyond their o*-n terms of of- 
fice, see Rouse v. Benton, 100 S. C. 150. As to payment of teachers' salaries 
under subdivision 2, see Attorney Gen. op. Nov. 19, 1914. As xo election of 
teachers related to trustees, see Atty. Gen. op. Aug. 13, 1915. As to power 



32 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

of trustees to contract with teachers for services beyond the term of trustee 
so contracting, see Atty Gen. op. July 5, 1916. Power of trustees must be 
exercised subject to supervision of County Board of Education, See Atty. 
Gen. op. Aug. 22„ 1916. Number of hours which a school teacher would work 
per day is within the discretion of the trustees, see Atty. Gen. op. Jan. 31, 
191 3. A school trustee may be indicted, after he has gone out of office, for 
misdemeanors and violations of law committed by him while holding office of 
school trustee, State v. Elliott, 94 S. C. 35. 

§ 1761a. School Buildings to Be Insured — Insurable Value Defined. — It 

shall be the duty of the School Trustees, School Commissioners or other 
school official or officials, having the management and control thereof whether 
held and operated under the general public school laws or under laws appli- 
cable only to special school districts to insure and keep insured every insur- 
able school building of brick, or reinforced concrete construction, whatever 
may be its insurable value and on the contents thereof, and to insure and 
keep insured every insurable school building not of brick or concrete con- 
struction the insurable value of which is not less than three hundred ($300.00) 
dollars, the insurance premiums therefor to be paid from proper school funds 
in the usual and proper manner of disbursing same. The insurable value as 
used in this section shall be defined as three-fourths (%) of the value of the 
building wherever the rule of reliable old line insurance companies applies 
to policies if issued on other than State, county or municipal, or governmental 
property, the three-fourths (%) valuation clause, and shall be defined the 
full value of the building wherever such clause is not so applied. 

§ 1761b. In What Companies Insurance to Be Carried — All insurance 
carried on every such school building which is not of brick or reinforced 
concrete construction, and on the contents thereof, shall be carried in reli- 
able old line insurance company or companies. 

§ 1761c. Policies to Be Proportioned Between Old Line Companies and 
Insurance Department of Sinking Fund — Premiums and Losses Proportoined 
— Proviso. — After the date of the approval of this Act all new insur- 
ance and all renewal of insurance upon the expiration of policies issued 
previous to said date upon every such school building of brick and reinforced 
concrete construction and on the contents thereof, whether such building is 
held and operated under the general school laws, or laws applicable to special 
school districts only, shall be by the School Trustees or School Commissioners, 
or other school official or officials, having control and management of said 
school building placed or carried thereon as follows : Fifty-five per cent. 
(55 per cent) of all of said insurance carried thereon,, shall be carried in re- 
Jiable old line fire insurance company or companies, and forty-five per cent. 
(45 per cent.) of all of said insurance carried thereon shall be simultaneously 
and concurrently carried in the Department of State Insurance of Public 
Property by the Sinking Fund Commission which shall be by said school 
officials sought and obtained from the Sinking Fund Commsision, immediately 
upon placing said old line concurrent insurance ; said fifty-five per cent. (55 
per cent,) of the insurance so concurrently carried in reliable old line insur 
ance companies and the said forty-five per cent. (45 per cent.) so carried by 
the Sinking Fund Commission on said buildings and the contents thereof, shall 
be concurrently carried, and the policies shall be issued concurrently and 
coterminally and the premium and losses paid upon each of said concurrent 
policies shall be proportionate to the amount of insurance carried in the said 
concurrent policies so that the premium paid to the Sinking Fund Commission 
for carrying forty-five per cent. (45 per cent.) of the whole amount of in- 
surance so concurrently carried shall be forty-five-fifty-fifths (45-55) of the 
aggregate amount of premium paid to all of the old line insurance companies 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 33 

for carrying fifty-five per cent. (55 per cent.) of all of said insurance so con- 
currently carried on said building and the contents thereof: Provided, That 
until after March 1, 1918, the amount paid as premium to the Sinking Fund 
Commission shall be the premium so prorated as above required to the Sinking 
Fund Commission, less five per cent. (5 per cent.) of said Sinking Fund Com- 
mission's premium (that is, 4275 — 5500 of the aggregate amount of premium 
paid to said old line companies) and after said date the full amount of 
premium so prorated shall be paid to the Sinking Fund Commission. 

§ 1761d. How Premiums Paid — Statement to Be Supplied by Old Line 
Companies — Duplicate and Premium to Be Forwarded to State Treasurer — 
Duplicate to Be Sent Sinking Fund Commission. — That said School Trustees, 
School Commissioners or school official or officials whose duty it is to insure 
said buildings, with old line insurance companies and with the Sinking Fund 
Commission, shall pay or cause to be paid to the said old line insurance com- 
panies and to the Sinking Fund Commission respectively the premium as 
above required, by warrant or order drawn by the said School Trustees, 
School Commissioners, or school officials as in the case of other disbursements 
for said schools upon the proper disbursing official who shall pay the same: 
Provided, That no warrant or warrants to pay the premium on said old line 
company policies shall be drawn or delivered until the respective old line in- 
surance agent or agents shall furnish to the school official drawing said war- 
rant or order a statement certified to in duplicate by the said agent or agents 
of the old line insurance company or companies issuing said concurrent poli- 
cies, said statement containing an exact copy in full of all the written portions 
of each and every old line insurance company policy or policies and an exact 
copy of all of the endorsements written thereon and schedules and forms at- 
tached thereto ; and also stating the entire amount of concurrent insurance car- 
ried in all of said old line policies upon the building and contents thereof and 
at what aggregate premium issues, and the amount of concurrent insurance 
calculated at the same premium rate as charged in the said old line insur- 
ance policies should be paid as herein required to the Sinking Fund Com- 
mission, and also the total amount of concurrent insurance permitted to be 
carried upon said buildings and contents thereof in all policies including 
those written by old line insurance companies and the Sinking Fund Com- 
mission. Said School Trustees or Commissioners or school official or officials 
whose duty it is to place said insurance and draw said warrant to pay prem- 
ium, shall forward one duplicate statement to the State Treasurer at Co- 
lumbia, S. C, along with said premium due to the Sinking Fund Commission 
payable to said State Treasurer in Columbia, S. C, and shall simultaneously 
mail the other said duplicate statement to the secretary of the Sinking Fund 
Commission at Columbia, S. C, so as to enable the Sinking Fund Commission 
to properly issue the Sinking Fund Commission policy. 

§ 1761e. Disposition of Premiums — How Expended by Commission. — That 
said premiums when received by the State Treasurer as treasurer of the 
Sinking Fund Commission shall be paid into the General Insurance Sinking 
Fund of the Department for State Insurance of Public Property provided for 
in Section 131 of Volume I. of the Code of Laws of 1912, from which the Sink- 
ing Fund Commission shall pay all fire losses for which they are liable and 
the expenses necessary for the proper conduct of said State Insurance #f 
Public Property by the Sinking Fund Commission. 

§ 1761f . Payment of Losses Distributed Pro Rata — To Be Sent to County 
Treasurer. — That in the event of loss or damage by fire the amount paid for 
such loss or damage by the Commissioners of the Sinking Fund shall be 
forty-five per cent. (45 per cent.) of the aggregate amount for which all of 
the concurrent policies including the Sinking Fund Commission policy is 



U GENERAL SCHOOL LAW OF SOUTH CAROLINA 

liable, the Commissioners of the Sinking Fund settling pro rata upon the same 
basis upon which the said old line insurance company or companies settle 
their proportoin of the loss whether the same be ascertained and fixed by 
mutual appraisement or arbitration or by adjudication in the Courts. The 
loss or damage apportioned to be paid by the Sinking Fund Commission as 
herein provided shall be by said Comission paid over to the County Treasurer 
of the county wherein the damaged or destroyed school property is located, 
to be by said County Treasurer paid out as required by law upon the proper 
warrant or order of the proper official to pay for the repair, restoration or 
rebuilding of the school property damaged or destroyed by fire. 

§ 1761g. Changes to Be Made as Sinking- Fund Assets Increase — Per- 
centage of Increase— Insurance by Sinking Fund Not to Exceed 50 Per Cent, 
of Assets — Statements to Be Made by Sinking Fund — Duty When Increase 
Ordered. — That as the amount of assets of the said General Insurance Sinking 
Fund for State Insurance of Public Property shall increase the following 
changes shall be made in the proportionate amount of concurrent insurance 
respectively carried and in the liability respectively incurred by said reliable 
old line insurance company or companies and by the Sinking Fund Commis- 
sion ; commencing with the said assets in the hands of the Sinking Fund Com- 
mission, as estimated by said Commission, on December 31, 1915, whenever and 
as often as said Insurance Sinking Fund assets shall increase twenty-five 
per cent. (25 per cent.) the amount of insurance concurrently carried by the 
Sinking Fund Commission on the said building and the contents thereof, 
shall be increased five per cent. (5 per cent.) the percentage of insurance 
thereon concurrently carried by said old line insurance companies being 
proportionately decreased : Provided, That the amount of insurance so carried 
concurrently by said Sinking Fund Commission upon any one building shall 
not exceed fifty per cent. (50 per cent.) of the said Insurance Sinking Fund 
assets in the hands of the Sinking Fund Commission, the said excess over 50 
per cent, of said assets which the Sinking Fund Commission may thus not 
carry shall be added to the percentage of concurrent insurance carried by 
said old line insurance company or companies on said building. It shall be 
the duty of the Commissioners of the Sinking Fund to prepare statements 
showing the amount of these insurance assets in their hands on the 30th day 
of June and the 31st day of December of each year (or more often if they 
deem it necessary) after deducting therefrom all amounts paid by them for 
losses incurred and for expenses necessary to the proper conduct of the busi- 
ness of State Insurance of Public Property; and whenever it becomes neces- 
sary to require the said five per cent, increase in the amount of concurrent 
insurance to be obtained from the Sinking Fund Commission said Commis- 
sion shall give notice thereof to each County Superintendent of Education, 
whose duty it shall be to give notice of said increase to all of the said School 
Trustees, School Commissioners and other school official or officials in the 
county. 

§ 1761h. Statement to Be Forwarded by County Superintendent of Edu- 
cation — Duty of School Officials to Supply Certain Information. — That the 
County Superintendent of Education of each county shall between the 15th 
of May and the 15th of June of each year forward to the secretary of the 
Sinking Fund Commission at Columbia, S. C.,. a certified statement showing 
the number of public school buildings whether held or operated under the 
general public school laws, or under the laws applicable to special school 
districts in the county, the approximate value of each, and whether of brick 
or reinforced concrete structure or whether of other construction, how much 
insurance is carried on each, and on the contents thereof and the date of 
expiration of existing insurance policies, and it shall be the duty of said 



GENERAL SCHOOL LAW OF SOUTH CAROLINA S5 

school officials charged with the management and control of same to furnish 
such information to the said County Superintendent of Education each year 
in time for him to prepare and transmit said statement as above required to 
the secretary of the Sinking Fund Commission. 

§ 1761i. County Officials to Send Commission Certain Information. — That 
it shall be the duty of the County Superintendent of Education and of said 
School Trustees, School Commissioners, and other school officials and of the 
said agents of said old line insurance companies carrying insurance so 
concurrent with that carried by the Sinking Fund Commission as herein 
provided for, to promptly send in writing by mail to the secretary of the 
Sinking Fund Commission all such information as he may request of them 
in regard to the insurance herein provided for as in their power to furnish. 

§ 1761J. Penalty for Violation of This Act. — That any said public schoal 
official or officials upon whom the duty devolves failing or refusing to carry 
out the provisions of this Act relating to the placing with said old line insur- 
ance company or companies and the obtaining from the Sinking Fund Com- 
mission proportionate concurrent insurance upon any building shall be guilty 
©f a msidemeanor and upon conviction thereof shall be fined in a sum not 
less than twenty-five ($25.00) dollars, nor more than one hundred ($100.00) 
dollars or imprisonment not less than ten nor more than thirty days. 

§ 1761k. Notice of Alteration in Policy by Old Line Companies to Be 
Sent Commission Immediately. — That it shall be the duty of every School 
Trustee or School Commissioner or school official or officials receiving from 
any old line insurance company any notice concerning the cancellation of or 
substitution for any of said old line insurance company policies running 
concurrent with the Sinking Fund Commission policy as hereinabove provided 
or any notice concerning any increase of premium thereon, or increase of the 
hazard of any school property carried therein at once to mail under im- 
mediate delivery postage stamp a correct copy of such notice to the secre- 
tary of the Sinking Fund Commission and promptly and at all times to 
furnish him any information and render him any aid in their power to carry 
out the provisions of this Act. 

§ 17611. Commission to Be Notified of Refusal or Failure of Old Line 
Companies to Insure School Building — Commission May Insure for Full 
Amount and Reinsure in Old Line Company. — That whenever the insurance 
to be carried concurrently and proportionately by the said old line insurance 
companies and the Sinking Fund Commission, as provided in this Act, on any 
or all school buildings of brick or reinforced concrete construction and the 
contents thereof, which are in an insurable condition, cannot be so placed 
concurrently and proportionately by reason of the old line insurance com- 
pany or companies refusing or failing to accept and issue policy or policies for 
the amount of such concurrent insurance apportioned to them under this Act, 
then the said school official or officials whose duty it is to obtain such insur- 
ance shall notify the Sinking Fund Commission in writing of the said failure 
or refusal of the said old line company or companies to accept and issue in- 
surance policy or policies for such insurance apportioned and offered to 
them and at the same time to send to the Sinking Fund Commission an appli- 
«ation in writing directed to the secretary of the Commission, at Columbia, 
S. C, requesting the Sinking Fund Commission to issue a policy or policies 
aarrrying the full amount of insurance to be carried on the building and 
•ontents thereof, and the Sinking Fund Commission, upon payment as herein 
provided of all premiums due therefor, may issue a policy or policies carrying 
aH of said insurance and reinsure in one or more old line insurance companies 



26 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

licensed to do business in this State, the percentage thereof which under this 
Act would have been apportioned to the said old line insurance companies. 

Acts. 1916. 

Civ. '02, § 1218; 1896, XXII, 165. 

§ 1762. Fund for Public School Buildings.— The County Boards of Edu- 
cation of the various Counties of this State are authorized to annually set 
aside an amount equal to five per cent, of the entire public school funds of 
their respective Counties, which said amounts shall be used by the said 
County Boards of Education for the purpose of encouraging and aiding in the 
construction of adequate public school buldings in their respective Counties. 

1905, XXIV, 905; 1910, XXVI, 628. 

§ 1763. Additions to Funds. — When the friends, patrons or trustees of 

any public school in any school district in any County in this State shall raise 
by private subscription, special tax, regular tax, sale of old buildings, issuing 
bonds, or otherwise funds for building a school house in such district, the 
County Board of Education of such County shall turn over to the trustees of 
such school, from funds set aside for such purpose hereunder fifty dollars 
($50) for each one hundred dollars ($100) so raised by such friends, patrons 
of trustees for constructing such school building: Provided, No one school 
shall receive more than three hundred dollars ($300) under the provisions 
herein : Provided, That in the case of the consolidation of two or more 
schools an additional bonus of fifty dollars ($50) may be granted: Provided, 
further, That no more than one school in any one district, in any one year, 
shall receive such aid. 

1905, XXIV, 905; 1910, XXVI, 628. 
**»■•■ 

§ 1764. Consolidated Districts to Have Preference. — County Boards of 
Education shall give the preference to School Districts which have combined 
and consolidated two or more school buildings. 

3905, XXIV, 905. 

§ 1765. Must Comply With Plans of the State Board of Education. — Any 

School District availing itself of the provisions herein shall comply witk 
plans and specifications approved by the State Board of Education. 
3905, XXIV, 905. 

§ 1766. Approval of County Board Necessary. — No School shall receive 
aid under the provisions herein without the approval of the County Board 
of Education. 

1905, XXIV, 905. 

§ 1767. How Funds Paid Out. — The funds provided for herein above 
shall be paid out by the County Treasurer only upon the warrant of the 
County Board of Education, countersigned by the County Superintendent of 
Education, and any funds not used by the end of the year shall revert back 
to the general school fund of the respective Counties. 

1905, XXIV, 905. 

§ 1768. Tax Returns. — The County Auditor shall require each taxpayer 
to return the number and name of the school district in which he resides 
when he makes his tax return,, and the Auditor shall state the name in a sep- 
arate column in the tax duplicates. 

Civ. '02, § 1219; 1896, XXII, 165. 

§ 1769. Poll Tax, etc., to Be Reported.— The County Auditor, when he 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 37 

has completed the tax duplicates, shall report to the County Superintendent 
of Education, by school districts, the names listed for poll tax, and the 
amount of taxable property where there is a special levy. 
Civ. '02 § 1220; 1896, XXII 165. 

§ 1770. Poll Tax Retained in the County. — The several County Treas- 
urers shall retain the poll tax collected in their respective Counties ; and it is 
hereby made the duty of the said Treasurer in collecting the penl tax to keep 
an account of the exact amount of said tax collected in each school district in 
his County, and the poll tax collected therein shall be expended for school 
purposes in the school district from which it was collected ; and any violation 
of this Section by the County Treasurer shall constitute, and is hereby de- 
clared, a misdemeanor, and on conviction thereof the said County Treasurer 
shall pay a fine of not more than five hundred dollars, to be used for school 
purposes in the County suffering from such violation, or imprisonment, in 
the discretion of the Court. 

Civ. '02, § 1221; 1896; XXII 165. 

§ 1771. County Treasurer to Report Who Have Paid Poll Tax. — Each 

County Treasurer, when he has finished the collection of taxes for his County, 
shall report to the County Superintendent of Education the names of the 
persons in the respective school districts who .have paid their poll tax. 
Civ. '02, § 1222; 1896, XXII 165. 

§ 1772. Treasurer to Make Monthly Reports to County Superintendent of 
Education. — It shall be the duty of each County Treasurer to report monthly, 
on the fifteenth day of each month, to the County Superintendent of Educa- 
tion of his County the amount of collections and disbursements made by him 
for the month on account of school tax and all other school funds; and it 
shall be a misdemeanor on the part of any County Treasurer to neglect, fail 
or refuse to make such report, and on conviction thereof he shall pay a fine of 
not more than five hundred dollars, the same to be used for school purposes 
in his County. 

Civ. '02 § 1223; 1896, XXII 165. 

§ 1773. Moneys — How Disbursed. — -All moneys disbursed by any County 
Treasurer on account of school funds, taxes or other school funds shall be 
paid on the order of the Board of School Trustees, countersigned by the 
County Superintendent of Education, or as otherwise directed by law. 

Note. Distinction between countersigning, and drawing a warrant on 
school funds, ex parte,. Board of Commissioners Florence Graded School, In 
Re McDuffie, School Commissioner, 43 S. C. 11. 

Civ. '02 § 1224; 1896, XXII, 165. 

§ 1774. County Treasurer to Make a Report to State Superintendent. — 

Each County Treasurer shall make out and forward to the State Superinten- 
dent of Education annually, on the first day of November, a certified state- 
ment showing (by school districts) the amount of poll tax and the amount of 
all other school taxes collected by him for the fiscal year ending on the 31st 
day of December next preceding; and should any County Treasurer fail or 
neglect or refuse to make and forward the statement as herein required, the 
State Superintendent of Education shall make a written complaint to the 
Circuit Solicitor for the County in which the said Treasurer resides, who 
shall prosecute the said County Treasurer for the same, and on conviction 
thereof he shall be subject to a fine not more than five hundred dollars, the 
same to be used for free public school purposes in his County. 
Civ. '02, § 1225; 1896, XXII, 165. 



38 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

§ 1775. Unexpended Balances to Be Carried Forward. — The County 

Treasurer shall carry forward, all sums in his hands collected for any previ- 
ous year or years for school purposes, and unexpended, to the ,next fiscal 
year, and credit the same to the school district respectively for which it was 
apportioned, and he shall report the same to the County Superintendent of 
Education. 

Civ. '02, § 1226; 1896, XXII, 165. 

§ 1776. Unlawful for Certain Officers to Discount Teachers' Pay Certifi- 
cates. — It shall be unlawful for any County Treasurer, County Auditor, mem- 
ber of County Board of Education, or School Trustee to buy, discount or 
share, directly or indirectly,, or be in any way interested in any teacher's pay 
certificate or other order on school fund, except such as are payable to him 
for his own services, or for any school Trustee to make any contract, or be 
pecuniarily interested, directly, in any contract with any school district of 
which he is Trustee. 

Civ. '02, § 1227; 1900, XXIII, 366. 

Note. See Crim. Code for penalty for violation of this. Section. 

§ 1777. Trustees to Regulate the School Terms — Contracts of Trastees. — 
The County Board of Education shall regulate the opening and closing of 
the school terms so as best to promote and subserve the educational interest 
of the different sections of their Counties : Provided, That all contracts which 
Boards of Trustees may make in excess of the funds apportioned to their 
districts shall be void. And no teacher shall be employed by a Board of 
Trustees of any school district who is related to a member of the Board by 
consanguinity or affinity within the second degree, without the written ap- 
proval of the Board of Education of the County, nor unless a majority of the 
parents or guardians of the children attending the school for which such 
teacher is employed requests such employment in writing. 

Civ. '02, § 1228; 1900, XXIII, 366. 

Note. Contracts in excess of funds are void, being beyond the power of 
the trustees, State v. Bowman, 66 S. C. 153. 

A petition should be signed by the parent as desiring the employment of a 
relative of a trustee as teacher and the approval of the County Board of 
Education should be endorsed thereon. Atty. Gen. op. 1905, p. 65. 

The term "second degree" includes persons related as uncle and nephew 
or niece, first cousins and those nearer. Atty. Gen. op. 1904,, p. 42. 

After the petition, nomination or request in writing is submitted, it is for 
the trustees to elect or not as they see proper. Atty. Gen. op. 1903, p. 1075. 

§ 1778. Age of Attendance. — It shall not be lawful for any person who is 
less than six or more than twenty-one years of age to attend any of the free 
public schools of this State. 

Civ. '02, § 1229; 1896, XXII, 170. 

Note. Since the passage of the Act of 1913, permitting trustees to estab- 
lish free kindergartens, this Section has been modified to the extent of al- 
lowing children under six years of age to attend kindergartens established 
under the Act. Atty. General. 

§ 1778a. Kindergarten Schools Established. — Any County Board of Edu- 
cation throughout the State, upon recommendation of district trustee, 
whether known by that name or another, whether created by general or 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 39 

special Act, shall have power to establish and provide for kindergartens for 
the education of the children of not less than four years of age within their 
respective jurisdictions, but no child under the age of six years shall be 
counted in the average attendance of any public school district when public 
school funds are to be apportioned to the several school districts. 

§ 1778b. Said kindergartens, when so established, shall be a part of the 
free common school system of this State and all funds now available, or 
which may hereafter become available, for the maintenance of said system, 
and all other funds which may come into the hands of said Boards of Educa- 
tion for educational purposes shall be available, in due proportion, for the 
establishment and maintenance of said kindergartens. 

§ 1778c. Equipment of Teachers. — No teacher or instructor shall be em- 
ployed to teach in the kindergartens of this State who has not caken at least 
a two years' course in kindergarten training and received a certificate or 
diploma from a recognized kindergarten normal training school approved by 
the State Board of Education. 

§ 1778d. Counties Excepted. — All laws and parts of laws in conflict with 
this Act be, and the same are hereby, repealed: Provided, however, That 
the terms of this Act shall not apply to the counties of Sumter, York, Green - 
wood, Bamberg, Abbeville, Saluda, Lee,. Aiken, Jasper, Chesterfield and 
"Williamsburg. 

Acts 1913. < 

§ 1779. State and County Boards and Trustees Exempted from Militia 

Duty. — The members of the State Board of Education appointed by the Gov- 
ernor, members of the County Boards of Education appointed by the State 
Board of Education and members of the Board of Trustees shall be exempt 
from militia duty.- 

Civ. '02, § 1230; 1896, XXII, 170; 1901, XXIII, 638. 

Note. School trustees and teachers employed ki public schools are ex- 
empted from liability to work on the public roads, 24 Stats. 874. 

See Crim. Code for penalty for members of County Boards of Education 
and school trustees attempting to act after expiration of their term, or re- 
moval from office ; and for teachers acting as agent for school books. 

1780. Mixed Schools Unlawful. — It shall be unlawful for pupils of one 
race to attend the schools provided by Boards of Trustees for persons of 
another race. • 

Civ. '02, § 1231; 1896, XXII, 170. 

Note. — Flood vs. News and Courier Company, 71 S. C. 112. 

§ 1781. Scholastic Year. — The scholastic year shall begin on the first day 
of July of each year and end on the thirtieth day of June following. 

Civ. '02, § 1232; 1896, XXII, 170. 

flM» W» ■^•"'HBgr*'--- 

§ 1782. Public Schools to Be Kept Open Three Months.— The free public 
schools of the State shall be kept open and the exercises thereof continued^, 
in each school district in the State, for a period of at least three months in 
each and every year. 

Civ. '02, § 1233; 1899, XXIII, 112. 

§ 1783. Appropriation to Increase School Terms. — Not less than the stum 
of sixty thousand dollars be appropriated annually for the purpose of increa« 



40 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

ing the average length of the free school term in this State in accordance with 
and by authority expressed in Section 6, Article XI, of the Constitution of 
1895. 

1910, XXVI, 791. 

§ 1784. Same. — No more than one hundred dollars shall be appropriated 
to any one school in any one scholastic year, but no school now running for 
a period of one hundred days or more, or hereafter to run a period of one 
hundred days or more, out of funds accruing to said schools from the regular 
school funds shall receive aid from this appropriation. And no school shall 
receive aid under authority of this Section unless the district in which said 
school is located does now or hereafter,, shall first levy, in accordance with 
law, at least two mills special school tax. 

1910, XXVI, 79L, 

§ 1785. Same.— Schools running less than one hundred days, as provided 
herein, may receive aid from this fund in amounts equal to the amounts 
raised by special taxation, not to exceed one hundred dollars for any one 
school. 

1910, XXVI, 791. 

§ 1786. Same. — Funds appropriated under the terms of this Section shall 
not become available in any school district except upon petition of the Board 
of Trustees of the school district asking aid, approved and countersigned by 
the County Superintendent of Education for the county in which the district 
is located. 

1910, XXVI, 791. 

§ 1787. Same. — The State Superintendent of Education may refuse aid 
under the provisions of this section if it is made to appear to him that the 
expenditure would be unwise and detrimental to the interest of free school 
education in said district. 

1910, XXVI, 791. 

§ 1788. Same. — The State Superintendent of Education, with the State 
Board of Education, shall -provide rules and regulations for the distribution 
of this fund, and shall advise such regulations to the various County Super- 
intendents of Education, who, in turn, shall advise the various district trus- 
tees. 

1910, XXVI, 791. . s 

§ 1789. Same. — Applications must be filed in order of their receipt, and 
paid or refused in the same order. 
1910, XXVI, 791. 

§ 1790. Annual Capitation Tax on Dogs. — There shall be imposed and 
assessed on all dogs in this State a capitation tax of fifty cents annually on 
each dog, except in the county of Horry, where said capitation tax shall be 
one dollar, the proceeds of which shall be expended for school purposes in 
the several school districts in which it is collected. 

1909, XXVI, 88. 

§ 1792. Acts Creating Special Graded School Districts Not Repealed — 
Annual Reports — Special Tax and Tuition. — Nothing contained in this Article 
shall be construed to repeal the Acts of the General Assembly creating special 
and graded school districts, and the provisions of said Acts shall apply to said 
school districts: Provided, That the Trustees of said school districts and 
Commissioners of the city schools of Charleston shall make annual reports to 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 41 

rhe State Superintendent of Education in such form and at buch time as he 
shall prescribe : Provided, further, Whenever under the provisions of law 
any school district or municipal corporation is authorized to levy a special 
tax for the support of public schools therein, any person not a resident of 
said school district or municipal corporation shall be entitled to a credit upon 
fees for the tuition of his or her children by the amount of such special tax 
paid by such person. 

Civ. '02, § 1238; 1899, XXII, 514. 

§ 1793. Text-Books Provided at Cost — Funds — Depositories, etc. — The 

County Boards of Education of the several Counties of this State are hereby 
authorized and required to set aside from the public school funds of their re- 
spective Counties an amount, not exceeding five hundred dollars, for the pur- 
pose of providing the pupils attending the free public schools of their Coun- 
ties with school text-books at actual cost or exchange prices. The amount 
so set aside from the school fund shall be paid to the County Superintendent 
of Education by the County Treasurer out of the unappropriated general 
school funds in his hands, on the warrant of the said County Board of Educa- 
tion, and shall be and remain a permanent fund in the hands of the County 
Superintendent of Education, to be used in purchasing and keeping on hand 
school text-books for sale to pupils attending the free public schools of hi* 
County for cash, at actual cost or exchange prices, and to be used for no other 
purpose and in no other manner; and the places where said school text-books 
are kept and sold shall be deemed depositories, under control of the State, 
as provided in the seventh article, or provision in the seventh article, or 
provision in the contract made in 1893 with the publishers of school text- 
books. That the County Superintendent of Education in every County 
in the State be, and is hereby, required to keep his office open each day 
of the week prior to the time appointed for school to open in his County, 
and for cne week immediately thereafter, and for at least one day in eack 
week during the remainder of the school term, for the convenience of 
those wishing to purchase books : Provided, That in the Counties of Charles- 
ton, Chesterfield, Edgefield, Kershaw,. Lancaster, Laurens, Greenwood, Lex- 
ington, Richland, the County Boards of Education are hereby authorized 
and empowered, but not required, to carry out the provisions of this Sec- 
tion: Provided, however, That nothing herein shall prevent the keeping of 
said depository in some other place than the office of the Superintendent of 
Education, if in his judgment it is the best to do so. 

Civ. '02, § 1239; 1897, XXII, 428; 1898, XXII, 762; 1902, XXIII, 1020; 1903, XXIV, 
<U; 1905, XXIV, 837; 1907, XXV, 481; 1908, XXV, 1123. 

§ 1794. School Trustees May Purchase Books for Certain Pupils. — When- 
ever it shall be made to appear to the satisfaction of the Trustees of any 
school district that any patron of such school is unable by reason of poverty 
to purchase the necessary books for the use of his or her child or children, 
tli en in such case the Trustees of such school district may, in their discre- 
tion, purchase such necessary books for such pupils, and furnish the same to 
pupils under such regulations as the Trustees may prescribe : Provided, The 
sum so expended for the purchase of said books shall not exceed the sum 
of 5 per cent, of all the school fund of said district in any one year : Provided, 
further, That the books so purchased shall be the property of such public 
school district and must be returned to the Board of Trustees at the end of 
each term. 

1902, XXIII, 1020. 

§ 1795. School Book Depositories. — The County Superintendents of Ed- 
ucation in the several Counties of this State are hereby authorized and required 



42 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

to select and secure a reliable merchant, postmaster or other reliable persom 
in each Township in each County, with whom there shall be deposited a 
sufficient number of school books for sale for schools in the Township, at 
not exceeding ten per cent, above first cost; and that accurate accounts 
thereof shall be kept by the said County Superintendent with each de- 
pository. 

1905, XXIV, 877. 

§ 1796. Fund for Free Library. — Whenever the patrons and friends of 
a free public school shall raise, by private subscription, and tender to the 
County Treasurer,, with the approval and endorsement of the school Trus- 
tees of such school district, for the establishment of a library to be connected 
with the said school, the sum of ten dollars, the County Board of Education 
shall appropriate from the money belonging to the school district asking 
for the library, the sum of ten dollars for this purpose (together with ten 
dollars from the general County school fund) for a suitable bookcase which 
shall be approved by the County Board of Education. 

"T904, XXIV, 391; 1905, XXIV, 877; 1908, XXV, 1024. 

§ 1797. How Money to be Paid. — As soon as the County Board of Educa- 
tion of any County shall have made an appropriation for a library in the 
manner prescribed, the County Superintendent shall inform the Secretary 
of the State Board of Education of the fact, whereupon the said State Board 
of Education shall remit the County Superintendent the sum of ten dollars 
for the purchase of books for said library. Upon the receipt of this money, 
the County Superintendent shall deposit the same with the County Treasurer 
and shall issue to the person or persons appointed to select the books, a 
warrant on the County Treasurer for the amount secured by private subscrip- 
tion, by appropriation from the County Board of Education, and by the State 
Board of Education. 

1904, XXIV, 391; 1905, XXIV, 877. 

§ 1798. Selection of Books. — The local Board of Trustees is hereby ap- 
pointed to select the books and shall select such books as they may deem best 
suited for such purpose, and file with the County Superintendent of Educa- 
tion vouchers for the whole amount received: Provided,. That no vouchers 
shall be valid except for books, book-cases, and transportation charges ■ 
Provided, further, That such purchases shall be from a list furnished by the 
State Board of Education, which the said State Board shall adopt "books 
for libraries" under the law and rules governing the adoption of text-books, 
and shall make rules for the governing of said libraries. 

1904, XXIV, 391; 1905, XXIV, 877. 

§ 1799. Preservation of Books. — The Trustees of every library shall 
carry out such rules and regulations for the proper use and preservation of 
the books as may be enjoined by the State Board of Education, and shall 
make provisions for having all books, when not in circulation, kept under 
lock and key. 

1904, XXIV, 391; 1905, XXIV, 877. 

§ 1800. Exchange of Libraries. — The Trustees of two or more libraries 
may by agreement exchange libraries : Provided, That no exchange shall be 
made oftener than once in six months, and no part of the expense of ex- 
changing libraries shall be borne by the public. 

1904, XXIV, 391; 1905, XXIV, 877 

§ 1801. Appropriation. — That the sum of five thousand dollar* be a»- 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 4S 

nually appropriated to be expended by the State Board of Education, under 
the provisions of Section 1796. 
1904, XXIV, 391; 1905, XXIV, 877 

§ 1802. Number of Schools Entitled to Benefit. — Not more than twenty- 
five schools in any County shall be entitled to the benefits of Section 1796. 
The schools receiving this benefit shall be decided by the County Boards of 
Education: Provided, That the State Board of Education, after having set 
aside enough of this appropriation to meet the needs and demands of the 
schools, may use the balance to pay transportation, drayage and other neces- 
sary expenses in the circulation of any traveling libraries which may be 
donated or loaned to the State, and also for any traveling cabinets of museum 
specimens which may be furnished under similar terms: Provided, further, 
That any additional balance may be used for prizes for rural school improve- 
ment, under such terms and rules as the State Board of Education may ar- 
range with the State School Improvement Association. 

1904, XXIV, 391; 1905, XXIV, 877; 1908, XXV, 1024. 

§ 1803. Enlargement of Libraries. — Whenever the patrons or friends of 
any free public school in which a library has been established under the pro- 
visions of the laws of this State, shall raise, by private subscription, and 
tender the Treasurer of the County School Fund, the sum of five dollars for 
the enlargement of the library, the County Board of Education shall approp- 
riate from the money belonging to that school district the sum of five dollars, 
and the State Board of Education shall remit to the County Superintendent 
of Education the sum of five dollars. The money thus collected and approp- 
riated shall be used for the enlargement of libraries already established, un- 
der the same rules and restrictions as govern the establishment of new li- 
braries: Provided, No appropriation shall be made for the purpose of enlarg- 
ing any established library where the same will prevent or interfere with the 
establishing of a new library. 

1905, XXIV, 879. 

§ 1804. Unlawful to Use Condemned Books. — In all schools and colleges 
within this State which are supported in whole or in part from the free school 
funds, it shall be unlawful to use any text-book which has been condemned 
or disapproved by the State Board of Education. 

Civ. '02, § 1240; 1898, XXII, 763. 

§ 1805. Old School Claims Paid. — All persons holding school claims 
against any County of this State which are unpaid are hereby permitted and 
allowed to prove and establish the same before the County Superintendent of 
Education, the County Treasurer and County Auditor of said County. 

If said claims are declared valid and binding obligations by said County 
Superintendent of Education, Auditor and Treasurer against the school dis- 
trict for which they are issued, the County Treasurer of said County is hereby 
authorized and directed to pay any of said claims declared valid out of the 
first money coming in his hands as Treasurer belonging to the school district 
against which said claim or claims are established. 

Civ. '02, § 1241; 1894, XXI 786; 1896, XXII, 122. 

§ 1806. Officers Authorized to Borrow Money to Pay School Claims—; 
Amount, Interest and Disbursement. — The County Treasurers, and the County 
Supervisors of the several Counties in this State be, and they are hereby, au- 
thorized and required upon the application of the County Boards of Educa- 
tion of the respective Counties to borrow, from time to time during any fiscal 
year, such sums of money as may be necessary to pay the school claims of 



44 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

such Counties, not to exceed seventy-five per cent, of the amount reported by 
the County Auditors for schools for said fiscal year, at a rate of interest not 
exceeding the rate of seven per centum per annum, and to pledge the taxes 
to be collected for that purpose for the payment of the money so borrowed 
and the interest thereon: Provided, That all money borrowed shall be held 
ami paid out by the County Treasurer as school funds and without extra 
commission. 

1902, XXIII, 1019. 

§ 1807. Reserve Fund to Place Schools on Cash Basis. — In any County 
in this State where the schools have not funds sufficient to pay all claims in 
cash, the County Board of Education may, at its discretion, direct the 
County Superintendent of Education to set aside from the school funds of 
the County, or any of the school districts, an amount annually of not ex- 
ceeding ten per cent, of such funds, for so many years as may be necessary to 
create a sufficient fund to put the schools of such County of any of the school 
districts on a cash basis. 

1902, XXIII, 1019. 

§ 1808. Reserve Fund — How Used and Maintained. — Whenever said re- 
serve fund reaches an amount sufficient to put said County or school district, 
as the case may be, on a cash basis, then said fund may be used for said pur- 
pose: Provided, That in each year during the time necessary to create such 
reserve fund, the County Superintendent of Education shall use the fund ac- 
cumulated as a loan, without interest, to 'pay claims held by teachers to whom 
the pay certificates were originally issued, the funds so used to be replaced 
annually from taxes collected for school purposes. 

1902, XXIII, 1020. 

§ 1809. Students of Public Schools to Observe Arbor Day. — The free pub- 
lic schools of this State shall observe the third Friday in November of each 
year as Arbor Day, and on that day the school officers and teachers shall 
conduct such exercises and engage in the planting of such shrubs, plants and 
trees as will impress on the minds of the pupils the proper value and appre- 
ciation to be placed on flowers, ornamental shrubbery and shade trees. 

Civ. '02,' § 1242; 1898, XXII, 760. 

§ 1810. South Carolina Day to Be Observed. — The public schools of this 
State shall observe Calhoun's birthday,, the 18th of March, of each year, as 
"South Carolina Day," and on that day the school officers and teachers shall 
conduct such exercises as will conduce to a more general knowledge and 
appreciation of the history, resources and possibilities of this State: Pro- 
vided, That if said day shall fall on Saturday or Sunday, that the Friday 
nearest to March 18th shall be selected : Provided, further, That if any school 
shall not be in session the said date, that the celebration may be held before 
the close of the term. 

That the State Superintendent of Education shall suggest such topics or 
programmes as he may deem appropriate for the celebration of South Caro- 
line Day. 

1906, XXV, 22. 

. § 1811. Officers and Trustees of Certain Institutions to Report to State 
Superintendent. — The Trustees, officers or persons in charge of all literary, 
scientific or professional institution of learning incorporated, supported or 
aided by the State, of all schools or private educational institutions, shall, on 
or before the fifteenth day of July in each year, make a report in writing to 
t,he State Superintendent of Education, of such statistics as the Superintend 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 45 

dent shall prescribe relating to the number of pupils and instructors, courses 
of study, cost of tuition and the general condition of the institution or school 
under their charge. 

Blank Forms of Inquiry. — The Superintendent shall prepare blank forms 
of inquiry for such statistics, and shall send the same to every such institutiott 
or school on or before the 10th day of May in each year ; and so much of said 
information as he may deem proper to be incorporated in his annual report. 

Civ. '02, § 1243; 1896, XXII, 172. 

§ 1812a — .Districts May Establish High School — Any common school dis- 
trict or any aggregation of adjoining districts within the State may establish 
a high school in the manner and with the privileges herein given. 

§ 1812b. Trustees May Establish High School — Proviso. — The trustees <rf 
any common school district or of any aggregation of adjoining districts may 
establish a high school : Provided, That such high school meet all the require- 
ments of this Act and the regulations of the State Board of Education. 

§ 1812c. Board of Trustees. — If a single common school district establish 
a high school, the board of trustees of that district shall be the high school 
board of trustees ; and if any two or more districts establish a high school, 
the board of trustees of the district in which the high school is located, to- 
gether with the chairman or chairmen of the other district or districts shall 
constitute the high school board of trustees. 

§ 1812d. High Schools in Being May Claim Benefit of Act. — Any public 
high school already established may claim the privileges of this Act: Pro- 
vided, That it conforms to the requirements of this Act and the regulations 
of the State Board of Education : Provided, further, That nothing in this Act 
shall be construed to repeal any of the privileges granted them in the special 
Acts of the General Assembly. 

§1812e. Powers of State Board of Education. — The State Board of Educa- 
tion shall have full authority to prescribe all such regulations as may not be 
inconsistent with this Act, to provide for the inspection and classification of 
the high schools under this Act, to make regulations for the appointment and 
disbursement of the State appropriation under this Act, and to pay out of the 
State appropriation the traveling expenses of a high school inspector. 

§ 1812f. Conditions of Appropriation. — No high school shall receive an 
appropriation under this Act, unless it has as many as two teachers in the 
high school department,, and an enrollment of at least twenty-five high school 
pupils : Provided, That not more than $500 annually may be given to a high 
school with two teachers, nor more than $600 to a high school with three 
leachers, nor more than $700 to a high school with four teachers or mors : 
Provided, however, That additional appropriations may be made for the at- 
tendance of high school pupils from outside the high school territory and for 
meritorious work in agriculture, manual training and domestic science. 

§ 1812g. Special Tax Prerequisite. — No part of the appropriation under 
this Act shall be given to any high school, unless the district or districts com- 
prising the high school district are levying or shall levy a special tax of not 
less than four mills, levied and collected as a general school tax, a high school 
lax, or both. 

§ 1812h. Teacher Training Courses — Provisos. — The State Board of Edu- 
cation is hereby authorized to establish and maintain not more than five 
tracher-training courses of one year in length in as many approved high 
.schools, for the purpose of giving training to elementary teachers : Provided, 



46 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

That not more than one such course be established in any one county, and 
wot more than one thousand ($1,000.00) dollars be expended in any one 
school for such course : Provided, further, That no such training course shall 
be maintained with an enrollment of fewer than ten persons, none of whom 
shall be less than seventeen years of age, and no tuition fees shall be charged 
of any teacher from any county. 

§ 1812L Appropriation — Proviso — The sum of thirty-five thousand dol- 
lars ($35,000.00) to cover the six months from July, 1916, to December 31, 
1916, as provided in the General Appropriation Bill for 1916, and the sum of 
eighty thousand dollars for each year thereafter, be, and the same is hereby 
appropriated to carry out the provisions of this Act, and the Comptroller 
General is hereby authorized to draw warrants upon the State Treasurer for 
such amounts, upon the order of the State Board of Education, duly signed 
by the State Superintendent of Education, as secretary : Provided, That every 
high school receiving aid under this Act shall enroll free of charge any high 
school pupil in the county where the school is located, or of any adjoining 
county. i i | | tj ■>- j i'3;$[ 

§ 1812 j. Certain Sections of Code Repealed.— Sections 1825, 1826, 1827, 
1S28, 1829, 1830, 1831, 1832, 1833, 1834, and 1835 of the Code of nineteen 
hundred and twelve and all other Acts or parts of Acts in conflict with this 
Act, are hereby repealed. 

Acts, 1916. 

§ 1813a. Appropriation for Teaching of Agriculture. — To promote the 
teaching of agriculture in the public schools, there is hereby annually ap- 
propriated out of the State Treasury five thousand dollars ($5,000.00), to be 
expended as hereinafter provided by the State Superintendent of Education, 
in consolidated schools doing practical class room and field work in agricul- 
ture. 

1813b. How Districts May Receive Benefits of Act — Teacher — Duties. — 

Whenever the Boards of Trustees of three or more school districts shall raise 
from regular funds, local taxes, private subscriptions, or otherwise, and 
shall deposit with the County Treasurer not less than $750.00 to be expended 
by the County Board of Education upon their warrant, duly approved by the 
County Superintendent, for the teaching of agriculture in their respective 
districts, such group of districts shall be entitled to $750.00 from the State. 
All funds raised by the respective Boards of Trustees, or supplied by the 
State, shall be used to pay the salary of a trained teacher of agriculture, who 
shall do classroom instruction, field work on the school farm, school garden 
or school orchard, or in any other line of agricultural teaching needed in the 
territory composing the districts. Such trained agricultural teacher may 
serve as Superintendent or Principal of the group of co-operating schools, 
shall reside during the twelve months of the year in the territory he serves, 
shall possess all the scholarship requirements regularly demanded of other 
teachers, shall hold a valid certificate duly registered in the County 
Superintendent's office and shall be subject to the same supervision as other 
teachers in State aided schools. He shall make all reports required of public 
school teachers, and, in addition thereto, shall furnish such other special re- 
ports as may be required in his special field. 

§ 1813c. Term of Teacher's Service. — Any such teacher of agriculture 
shall be employed jointly by the co-operating Boards of Trustees, the County 
Board of Education and the State Superintendent of Education. But any 
contract for the employment of such teacher shall require at least three years 
consecutive service and each such contract of employment shall be signed by 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 47 

i 
ihc legal representatives of the district, the County Superintendent's office, 
and the State Superintendent's office. 

§ 1813d. Requirements for Schools Under This ,Act. — Any public school 
co-operating in this work shall have an enrollment of at least seventy-five 
pupils with a regular attendance of at least forty pupils, three teachers of 
the usual public school subjects, a term of seven months, a local tax of eight 
mills, a comfortable and sanitary building of at least three rooms, a school 
site of not less than two acres, the minimum equipment prescribed by the 
State Board of Education and shall use the text books and course of study 
regularly required of other public schools. The special lessons or course in 
Agriculture may be adapted to the community needs as recognized by the 
Agricultural teacher, and such teacher shall have full right and absolute 
freedom in the introduction and presentation of any additional lessons, bul- 
letins, instructions, or other matter that may be furnished by the United 
States Department of Agriculture, the State Department of Agriculture, 
Clemson College or any other agricultural college or experiment station. All 
such modifications of the course of study shall be reported in writing to the 
County Superintendent of Education and to the State Superintendent of 
Education, and shall not be continued in any school over the disapproval of 
the State Board of Education. 

§ 1813e. Enrollment of Pupils. — Any school receiving State aid for agri- 
cultural teaching shall enroll free of charge any pupil, fourteen years of age 
<»r upward, desiring to pursue such a course and possessing sufficient knowl- 
edge of the elementary public school subjects to enable him, in the opinion 
•f the agricultural teacher, to do this work with advantage. Schools receiv- 
ing aid for agricultural work shall not be ineligible to share in the State ap- 
propriations for term extension, rural graded schools or high schools. 

§ 1813f. Certain Aid May Be Sought. In the furtherance of this 
work, District, County and State school officers may invite the co-operation, 
advice and inspection of Clemson College,, the Farm Demonstration forces, 
the State Department of Agriculture, or the United States Depnrtment of 
Agriculture, and the basis for this co-operation shall be determined by all the 
agencies interested. 

§ 1813g. Text Book. — The State Board of Education is hereby authorized 
to adopt a textbook on agriculture to be taught in all other schools not pro- 
vided for in this Act. 

§ 9. Immediately Effective.— That this Act shall take effect immediately 
upon the signature of the Governor. 

Acts, 1916. 

§ 1814a. School Attendance Required. — From and after the first day of 
July, one thousand nine hundred and fifteen, every parent, guardian or other 
person, temporarily or permanently, residing in the State of South Carolina 
having charge or control of a child or children between the ages of eight and 
fourteen years, shall cause such child or children to attend the local public 
school in the district in which he resides, continuously for the entire school 
term of each year, except as hereinafter provided. This period of compulsory 
attendance shall commence at the beginning of the school term nearest to the 
eighth birthday of such child, and shall cover the compulsory period of six 
consecutive school years thereafter. This period of compulsory attendance 
for each public school shall commence at the beginning of the school term 
•f said school unless otherwise ordered by the County Board of Education in 
writing; in case of towns or cities of two thousand or more inhabitants, ac- 



43 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

cording to the preceding Federal census, by the Board of Trustees of the 
public schools of said towns or cities with the approval in writing of the 
County Superintendent of Education. Continuous attendance upon some 
other public school or upon some private church school taught by compe- 
tent teachers may be accepted in lieu of attendance upon the local public 
schools : Provided, That said period of continuous attendance upon such other 
school shall be for at least as long as the public school term each year: Pro- 
vided, further, That any prviate school or church school receiving for instruc- 
tion pupils between the ages of eight and fourteen years shall be required to 
keep such records of attendance of such children and to render such reports of 
same as are hereinafter required of public schools; and attendance upon such 
schools refusing or neglecting to keep such records or to render such reports 
shall not be accepted in lieu of attendance upon the local public schools of 
the said town, city or district where the child shall be entitled to attend : 
Provided, further, That the compulsory school term in all agricultural dis- 
tricts shall be four months or the full term if the school runs less than four 
months, said term to be fixed by the Board of Trustees of such district; and 
any child or children not engaged in work at home in such agricultural dis- 
tricts, must attend a full term. This four months' compulsory provision 
shall also apply to all children residing in agricultural districts and attend- 
ing schools in any town located in such , districts. 

§ 1814b. Special Cases Provided For. — This Act shall not apply in any 
case in which the child's physical or mental condition, as attested by any leg- 
ally qualified physician before the Board of Trustees having jurisdiction of 
the matter under this Act, renders his attendance impracticable or inexped- 
ient, or in any ease in which the child resides two and one-half miles or more 
fey the nearest traveled route from the schoolhouse, or in any case in which, 
because of extreme poverty, the services of such child are necessary for his 
own support or the support of his parents, as attested by the affidavit of such 
parents and of such witnesses as the trustees of the district may require; or 
in any case in which said parent,, guardian or other person having charge or 
control of the child shall show before the trustees of the district by affidavit 
ef himself and of such witnesses as they may require, that the child is without 
necessary hooks and clothing for attending school, and that he is unable to 
provide the necessary Jsooks and clothing: Provided, That when books and 
clothes shall have been supplied by any means whatsoever the child shall no 
longer be exempt from this provision : Provided, further, That if the child lives 
two and one-half miles or more from the schoolhouse, and means of transporta- 
tion is furnished, the said child, if otherwise eligible, shall be required to 
attend the said school under the provisions hereof, and it shall be the duty of 
the trustees of the school to provide, out of the public school funds, books for 
the use of such indigent pupil free of charge. The power of the Board of 
Trustees to suspend or expel any pupil shall not be curtailed by this Act, and 
ehildren so suspended or expelled shall not be subject to the provisions of 
«f this Act during such period of suspension or expulsion: And provided, 
further, That the Board of Trustees of any school district may excuse tem- 
porarily any child from attendance, good and sufficient reasons being made 
to appear therefor; and in case any child is excused temporarily under the 
provisions of this Act, the said Board of Trustees shall. reduce to writing the 
reasons for their action and the time the said child is excused. 

§ 1814d. Certain Absences Not Unlawful — Duties of Parents, Guardians, 
Superintendents, Teachers, Etc., in Regard to Absences. — Every parent, guar- 
dian or other person in the State of South Carolina having charge or control 
©f a child or children between the ages of eight and fourteen years shall 
«ause such child to attend school as aforesaid : Provided, That occasional ab- 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 49 

senee from attendance by said child, amounting to not more than four un- 
excused absences in four consecutive weeks, shall not be unlawful: Provided, 
further, That the superintendent, principal or teacher in charge of any school 
may excuse any child for temporary absence because of unusual storm or bad 
weather, sickness or death in the child's family, unforeseen or unavoidable 
accidents, and such excuse and reason therefor shall be recorded by said 
superintendent, principal or teacher in charge of the school reported to the 
trustees as hereinafter provided : Provided, further, That in case of protrac- 
ted illness of any child whose attendance is required under this Act or in 
case of quarantine of the home in which the child resides, upon report of the 
health officer, or upon satisfactory evidence to this effect, the trustees shall 
excuse from attendance such child until he is fully restored, to health or until 
the expiration of the time required by law that he shall stay out of school 
after quarantine has been raised. 

§ 1814e. Children Between the Ages of Fourteen and Sixteen Years. — 

Every parent, guardian or other person in the State of South Carolina having 
charge or control of a child between the ages of fourteen and sixteen years 
vrho is not actually, regularly and lawfully engaged in some useful employ- 
ment or service, or who cannot read at sight and write legibly simple sen- 
tences in the English language, shall cause such child to attend regularly some 
publie school as aforesaid. 

§ 18141 A Penalty for the Violation of This Act Provided— Notice by 
Trustees. — Any parent, guardian or other person violating the provisions of 
this Act shall be guilty of a misdemeanor, and, upon conviction, shall be liable 
to a fine of not less than two dollars for the first offense and not less than 
five dollars for any subsequent offense, nor more than twenty-five dollars in 
any ease, and upon failure or refusal to pay said fine said parent,, guardian or 
other person shall be imprisoned not to exceed thirty days in the county 
jail: Provided,, That the fine for any first offense may, by order of Court, 
upon the payment of costs, be suspended and not collected until the same 
party is convicted of a second offense: Provided, further, That after the 
expiration of three days from the service of the notice by the trustees each 
and every day a parent, guardian or other person shall wilfully and unlaw- 
fully keep such child or children from school, or allow him to remain out of 
school, shall constitute a separate offense and shall subject said person to 
the penalties hereinafter prescribed. 

§ 1814g. Duties of the Board of Trustees — Census — County Board — Notice 
to Parent, Etc. — Record — Prosecutioh — May Enter Place of Business — Age of 
Child — Report — Census Clerk — Compensation. — The following duties are 
hereby devolved upon the Board of Trustees of each school district: They 
shall take the census of children between the ages of six and twenty-one 
years, and shall keep the attendance records of their district. It shall be 
their duty to take an annual school census during the calendar months of 
July and August, and to furnish each superintendent, principal or teacher 
in eharge of a school with an accurate report of said census of the district 
three days before the opening of the school and also to furnish at the same 
time a copy of the said school census of each district to the County Super- 
intendent of Education : Provided, That in case the school census is not taken 
as herein directed, it shall be the duty of the County Board of Education 
so to do, and to meet the expense out of the funds of the district. The 
Board of Trustees shall serve written or printed, or partly written and partly 
printed, notices on every parent, guardian or other person violating the pro- 
visions of this Act; and prompt compliance on the part of the said parent, 
guardian or other person are hereby required. Prosecutions under this Act 



50 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

shall be brought in the name of the State of South Carolina before any Mag- 
istrate or Recorder of any municipal Court within the limits of whose terri- 
torial jurisdiction the person prosecuted resides. The Board of Trustees 
shall have the right to visit and enter any office or factory or business house 
employing children for the purpose of ascertaining the names and ages of 
the children employed to facilitate the enforcement of this Act. When 
doubt exists as to the age of a child they may require of the employer a 
properly attested birth certificate or affidavit stating said child's age; they 
shall keep an accurate account of all notices served, of cases prosecuted, 
and of all other services performed, and shall make an annual report of same 
on or before July fifteenth of each year to the County Superintendent of 
Education: Provided, further, That the Board of Trustees of each school 
district is hereby vested with authority to employ a clerk or clerks, whose 
compensation shall not exceed three cents per capita for obtaining a census 
for each school district for each school term. 

§ 1814h. Duties of Superintendents, Principals and Teachers — Record of 
Attendance— Reports— County Superintendent — When to Deduct from 
Teachers' Salary — Appeal. — It shall be the duty of all superintendents, prin- 
cipals and teachers to co-operate with the Board of Trustees in the enforce- 
ment of the law. To this end it shall be the duty of the superintendent, 
principal or teacher in charge of any school in which pupils between the 
ages of eight and fourteen years are instructed to keep an accurate record 
of the attendance of such pupils ; to render during the period of compulsory 
attendance of each school term monthly reports of same to the Board of 
Trustees and the County Superintendent of Education, showing all absences, 
excused and unexcused, and in case of each excused absence, stating the 
reason therefor. Upon the willful or negligent failure of any superintend- 
ent, principal or teacher in charge of any school to comply with the provis- 
ions of this section,, the County Superintendent of Education shall deduct 
from his other salary for the current month the sum of five dollars before 
approving the voucher therefor, and in case of a second offense on the part 
of any superintendent, principal or teacher the County Superintendent of 
Education is hereby forbidden to approve the salary warrant of said board, 
who may appeal from such action to the County Board of Education, and the 
decision of the said County Board of Education shall be final. 

§ 1814i. Duties of the County Board of Education — Publication of Act — 
Notice of Opening of Schools. — It shall be the duty of the County Board of 
Education of each County to cause this Act to be published in full in some 
newspaper published in the county, if tliere is one, and if there is none, in 
circular form, and given the widest possible circulation at least four weeks 
prior to the opening of the schools for the school year, beginning July first, 
one thousand nine hundred and fifteen, and annually thereafter, if in their 
discretion it seems necessary. The Board of Trustees of any district, city 
or town shall give two weeks' public notice of the date of opening of any 
school under their jurisdiction by publishing said notice in a county news- 
paper or by posting said' notice on the schoolhouse door. 

§ 1814j. Adoption of Compulsory School Attendance Provided For — No- 
tice of Length of Term— Filing— Clerk of Court — County Board of Registra- 
tion — County Superintendent of Education — Duties — Election. When Or- 
dered, Managers and Conduct Thereof. — The notice of any Board of Trus- 
tees giving the date of opening of any school or schools shall also state 
the proposed: length of the term as nearly as practicable, and a copy 
signed by at least a majority of the Board of Trustees shall be filed at 
the date of issuance in the office of the County Superintendent of Edu- 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 51 

cation. In any district, aggregation of adjoining districts, this Act shall 
not take effect and become operatve until,, and unless, a; petition signed 
by a majority of the qualified electors of such district, aggregation of dis- 
tricts, requesting the compulsory school attendance under this Act, be 
authorized in such territory shall have been submitted to the Clerk of Court. 
The said Clerk of Court shall examine such petition with special reference 
to the legibility of the names contained thereon, and after examination 
shall refer such petition to the County Board of Registration. Along with 
the petition, the Clerk of Court shall send his written statement showing 
that he has counted the names thereon and has found them to be so many 
(giving the number). Immediately upon receipt of the petition and the 
statement of the Clerk of Court, the County Board of Registration shall 
check such petition against the registration books of the county or of such 
number thereof as may be affected, and the said County Board of Registra- 
tion shall certify its findings in writing to the County Superintendent of 
Education. Upon receipt of such certificate showing that such petition bears 
the signatures of a majority of the qualified voters of the territory affected, 
the County Board of Education shall forthwith declare the provisions of 
this Act of full force and effect in such territory. If such petition for any 
district or aggregation of districts is filed with the Clerk of Court, checked 
by the County Board of Registration, and certified to the County Superintend- 
ent of Education after the opening of any school or schools, the County 
Board of Education may fix the date for the beginning of the compulsory 
school attendance for that year: or the said County Board of Education 
may order such compulsory school attendance to begin at the opening of the 
next succeeding scholastic year. That where no such petition is filed, signed 
by a majority of the electors as herein provided, upon the filing of a petition 
signed by one-fourth of the qualified electors of such district or aggregation 
of districts, an election shall be ordered by the County Board of Education, 
submitting to the qualified electors of such district or aggregation of districts, 
the question of compulsory school attendance or no compulsory school at- 
tendance for said district or aggregation of districts : Provided, further, 
That the County Board of Education, in all school districts containing a town 
of a population of 1,500 or more inhabitants, upon the petition of a majority 
of the Board of Trustees, shall order such election. The said election shall 
be held at the schoolhouse, or schoolhouses, for white childi-en, in the said 
district or aggregation of districts. The managers shall be appointed by the 
Board of Trustees of each district,, and the said election shall be conducted 
in accordance with the rules governing general elections. The County Board 
of Education shall supply printed ballots, as follows: "Compulsory school 
attendance accepted," "Compulsory school attendance rejected," and if the 
majority vote in the said election "Compulsory school attendance accepted," 
then the provisions of this Act shall apply to the said district or aggregation 
of districts. The said election shall be held on the second Tuesday in June, 
one thousand nine hundred and fifteen, following the filing of the said peti- 
tion, or on the second Tuesday in June of any subsequent year. Any district 
omitting, failing or refusing to (accept compulsory school attendance as 
herein provided, either by petition or by election, may adopt tiie provisions 
of this Act in any subsequent year, either by petition or by election as here- 
inabove provided. 

§ 1814k. Provisions for Rules and Regulations as to Time, Place and 
Hours of Attendance — Approval — Revocation — County Superintendent 
— Appeal. — The Board of Education of each county, and in case of towns 
and cities of two thousand inhabitants, the Board of Trustees therein shall 
have power at any meeting to make such rules and regulations not in conflict 
with the provisions hereof as they may deem best with reference to the time, 



52 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

place and hours for school attendance so as to secure the attendance of all 
children between the ages of eight and fourteen years upon the schools of 
the county as herein provided and such rules and regulations, when approved 
by the County Superintendent of Education,, and posted at the courthouse 
door and at the door of each public echoolhouse in the territory affected 
thereby, shall have the force of law until, and unless, they have been revoked 
or appealed by the State Board of Education. The operation of such rules 
and regulations may be suspended by the State Superintendent of Education 
during the pendency of such appeal. 

§ 18141. No Tuition, Contingent, Matriculation, Incidental or Other Fee 
Allowed. — No tuition, contingent, matriculation, incidental or other fee of 
any kind shall be charged or collected for the attendance of any pupil upon 
any school in the common or public school department residing in this State 
adopting the provisions of this Act. 

§ 1814m. Removal of Trustees from Office. — The County i5oard of Edu- 
cation shall have full power and authority to remove from office of any trus- 
tee, or Board of Trustees, neglecting, refusing or omitting to carry out the 
provisions of this Act, and to fill the vacancy thereby created on said Board 
in accordance with existing law. 

§ 1814n. Effective July 1, 1915. — Inconsistent Acts Repealed. — This Act 
shall be in full force and effect from and after the first day of July, one 
thousand nine hundred and fifteen. All Acts and parts of Acts inconsistent 
with this Act be, and the same are hereby, repealed. 

Acts, 1915. 

§ 1815a. Supplementary Reading for Public Schools. — Whenever the 
Trustees of any public school district shall set aside from the funds of the 
district a sum of not less than five ($5.00) dollars nor more than twenty-five 
($25.00) dollars for the purchase of supplementary reading material for the 
use of the school, or schools, of said district, the County Board of Education 
is authorized to appropriate from the general County Board fund a like sum 
for the same purpose. The County Superintendent shall then inform the 
State Superintendent of Education of his action and the State Superintendent 
shall be authorized to remit to the County Superintendent for the same pur- 
pose a like sum from the library appropriation or from any other unappropri- 
ated funds under his control. The County Superintendent shall deposit the 
funds thus appropriated and received with the County Treasurer and shall 
issue a warrant in payment for the supplementary reading material which 
may be purchased under this Act : Provided, That no district may participate 
in the benefit of this Act more than once during any scholastic year. 

§ 1815b. Purchase of Books. — The purchase of supplementary reading 
material shall be made from a list approved and furnished by the State Board 
of Education. The Board of Trustees or teachers making the purchase shall 
send a list of the books bought to the County Superintendent and the State 
Superintendent. 

§ 1815c. Books Loaned to Pupils — The books purchased under this Act 
shall be kept in the school library and loaned to the pupils, in the discretion 
of the teacher, under such rules as may be adopted by the State Board of 
Education. 

Acts, 1914. 

§ 1816a. Annual Appropriation to Be Made for Rural Schools — Not less 
than fifteen thousand dollars shall be appropriated annually for the purpose 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 53 

of assisting rural school districts in the establishment, maintenance, and im- 
provement of rural graded schools under the conditions and provisions of 
the following sections of this Act : Provided, That the amount hereby approp- 
riated shall be expended from the sum appropriated under the terms of 
Term Extension Act of 1910, Act No. 431, page 791. 

3912, XXVII, 924. 

§ 1816b. Certain Requirements for School to Be Entitled to Share in $200 
Appropriation. — When any rural district in South Carolina shall levy and 
collect a special school tax of not less than four (4) mills, and when a school 
m such district employs two certified teachers for a school term of not less 
than six months, and when such school has an enrollment of not fewer than 
fifty pupils and an average daily attendance for the session of not fewer than 
thirty pupils, and when such school is taught in a comfortable and sanitary 
building provided with the minimum equipment prescribed by the State 
Board of Education,, and when it uses a course of study and -classification ap- 
proved by the State Board of Education, it shall be entitled to receive State 
aid under this Act to the amount of $200 per year. 

1912, XXVII, 924. 

§ 1816c. Requirements for $300 Appropriation. — When any rural school 
district in South Carolina shall levy and collect a special school tax of not 
less than four (4) mills, and when such school employs three or more certified 
teachers for a school term of not less than seven months, and when such 
school has an annual enrollment of not fewer than seventy-five pupils and an 
average daily attendance for the session of not fewer than forty pupils, and 
when such school is taught in a comfortable and sanitary building provided 
with the minimum equipment prescribed by the State Board of Education, 
and when it uses a course of study and classification approved by the State 
Board of Education, it shall be entitled to receive State aid under this Act 
to the amount of $300 per year. 

1912, XXXII, 924. 

§ 1816d. Districts Prohibited. — No district which receives State aid under 
the provisions of the High School Act or of the Term Extension Act shall 
receive aid under the provisions of this Act. 

1912, XXVII, 924. 

§ 1816e.— May Convey Children to School.— It shall be lawful for the 
School Trustees of a district to use the State aid obtained under the pro- 
visions of this Act to furnish public conveyance of children to the school 
when in the opinion of the trustees and the County Superintendent such ac- 
tion is wise and expedient. 

1912, XXVII, 924. 

§ 1816f. State Superintendent of Education May Refuse Aid — The State 
Superintendent of Education may refuse aid under the provisions of this 
Act if it is made to appear to him that the expenditure would oe unwise and 
detrimental to the interest of free school education in said district. 

1912, XXVII, 924. 

§ 1816g. Rules and Regulations for Distribution of Funds. — The State 
Superintendent of Education, with the State Board of Education, shall pro- 
vide rules and regulations for the distribution of this fund, and shall publish 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 



such regulations to the various County Superintendents of Education, who, 
in turn, shall publish them to the various district trustees. 
1912, XXVII, 924. 

§ 1816h. Applications. — Applications must be filed in order of their re- 
ceipt, and paid or refused in the same order. 
1912, XXVII, 924. 



Health 



§ 1598. Inspection of Schools, etc. — Water Supply, etc. — Schools Closed 
during- Epidemic— It shall be the duty of the Board of Health as a body,, or 
by committee, with the Health Officer, to make quarterly visits and inspec- 
tions to all schools, seminaries or colleges (while in session) which are sup- 
ported in part or entirely by public taxation, and examine and report on the 
sanitary condition of the same, the abatement and removal of garbage, refuse 
matter and nuisances which may prove prejudicial to the health of the pupils. 
They shall inquire into the purity of the water supply, the condition and effi- 
cient working of the drains, waste pipes, soil pipes and cesspools, the ventila- 
tion, lighting of the dormitories, lecture and study rooms of the buildings and 
the appliances in use for fire escapes. In case of the epidemic prevalence of 
contagions or infections, and in order to prevent the spread of the same, tho 
Board of Health, by and with the consent of the City or Town Council, may 
order the schools, seminaries or colleges, in such town or city, partially or en- 
tirely supported by public taxation, closed until such times as they may deem 
it safe to reopen them. The Board of Health shall have the right to declare 
any epidemic or cause of ill health so injurious as to make it necessary to 
close any or all of the private schools in the limits of such city or town. 
Whatever sanitary conditions or evils shall be found by the Board of Health 
to exist in or around the public colleges, schools, etc., shall be reported by 
the Secretary of the Board of Health to the Trustees of the same, who shall 
take immediate steps to remedy the sanitary defects according to the rules 
and regulations prescribed by the Board of Health. 

Civ. '02, § 1104; R. S. 964; 1883, XVIII, 793; 1894, XXI, 818. 

§ 1607. Powers of School Authorities to Prevent Spread of Contagious 
or Infectious Diseases.— Any Board of Education, School Trustees, or any 
other body having control of any of the schools, may, on account of the pre- 
valence of any contagious or infectious diseases, or to prevent the spread of 
any such disease, prohibit the attendance of any teacher or scholar upon any 
school under their control,, and may specify the time such teacher or scholar 
shall remain absent, or they shall require a satisfactory certificate from one or 
more reputable practicing physicians that such attendance is no longer at- 
tended with risk to others attending school, and may also prohibit the en- 
trance into or attendance at any school of all unvaccinated persons who have 
not had the smallpox. The said Board of Control or Trustees may also re- 
quire vaccination of any or all teachers, scholars and attendants if a case of 
smallpox have occurred in the city or town. 

Civ. '02, § 1110; R. S. 965; 1883, XVIII, 292, § 6. 



Special Provisions as to Schools in Criminal Code 



§ 575. A Misdemeanor for Certain Officers to Discount Teachers' Pay 
Certificates. — It shall be unlawful for any County Treasurer, County Auditor, 
member of County Board of Education, or School Trustee, to buy, discount or 
share, directly or indirectly, or be in any way interested, in any teachers' pay 
certificate, or other order on school fund, except such as are payable to him 
for his own services, or for any School Trustee to make any contract,, or be 
pecuniarily interested, directly or indirectly, in any contract with any school 
district of which he is Trustee. If any of the officers aforesaid shall violate 
the provisions of this section, he shall be deemed guilty of a misdemeanor, 
and on conviction thereof shall pay a fine of not less than one hundred dol- 
lars nor more than five hundred dollars, to be used for school purposes in his 
county, and shall be imprisoned not less than three months nor more than 
twelve months, or either or both, and shall forfeit the amount of such claim 
or of his interest in such claim. 

Crim. Code '02, § 418; R. S. 333; G. S. 2561; 1900, XXIII, 366; 1896, XXII, 150. 

§ 576. School Officers Prohibited from Being Agent for School Books. — 

It shall be unlawful for any teacher of a school supported m whole or in 
part from the public school funds of this State, or any Trustee of any such 
school or any other school officer, to become an active or silent agent of any 
school book publisher, or be in any wise pecuniarily interested in the intro- 
duction of any school book or books into any school in this State. Any 
person violating any of the provisions hereof shall,, upon conviction thereof, 
be deemed guilty of a misdemeanor, and be subject to a fine of not less than 
one hundred dollars or imprisonment in the county jail for a period of not 
less than thirty days, or both, at the discretion of the Circuit Judge. 
Crim. Code '02, § 419; 1896, XXII, 170. 

§ 577. County Superintendents of Education to Apportion School Funds 
Monthly among School Districts. — Within ten days after the County Treas- 
urer makes his monthly report to the County Superintendent of Education, 
showing the amount of money collected by him since his last monthly report, 
it shall be the duty of the County Superintendent of Education to apportion 
the money arising from a tax on property as shown by the Treasurer's re- 
port among the school districts of his county and to certify such apportion- 
ment to the County Treasurer, together with the poll tax belonging to each 
district as shown by said report; and it shall be the duty of the County 
Treasurer to enter upon his book to the credit of each school district the 
amount due each district according to such certificate of apportionment, 
and the County Treasurer shall pay out the money belonging to the respect- 
ive districts, upon the school warrants of such districts, duly signed and 
countersigned by the school authorities, for that scholastic year in the order 
of their presentation, provided that there be no outstanding claims of the 
previous scholastic year; and the Comptroller General shall receive the war- 
rants thus paid as proper vouchers in the hands of the County Treasurer. 

The failure or refusal of a County Superintendent of Education or a County 
Treasurer to comply with the foregoing provisions, or any of them, shall con- 
stitute a misdemeanor, and upon conviction thereof he shall be subject to a 
fine of not more than one hundred dollars, or imprisonment in the county 
jail for not more than thirty days. 

Crim. Code '02, § 420; 1898, XXII, 761. 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 57 

§ 578. Treasurer Not to Demand Commission on School Funds. — Any 

County Treasurer who shall demand or receive any commissions for paying 
out the school funds paid out by him from the person charged with receiving 
ihem, or shall charge any person commission on the same, snail be deemed 
guilty of a misdemeanor, and on conviction shall be fined not less than fifty 
dollars for each such offense or be imprsioned for a period not less than three 
months. 

Crim. Code 1902, § 421; G. S. 2563; R. -S. 334; 1876, XVI, 165. 

§ 580. Treasurer to Keep Amount of Poll Tax — Penalty. — The several 
County Treasurers shall retain all the poll tax collected in their respective 
counties; and it is hereby made the duty of the said County Treasurer, in 
collecting the poll tax, to keep an account of the exact amount of said tax 
collected in each school district in his county; and the city of Charleston, 
for the purpose of this section, shall be deemed a school district, and the 
County Treasurer shall pay over to the City Board of School Commissioners 
the amount of poll tax collected in said city; and -the poll tax collected 
therein shall be expended for school purposes in the school district from 
which it was collected ; and any violation of this section by the County Treas- 
urer shall constitute, and is hereby declared, a misdemeanor, and on con- 
viction thereof the said County Treasurer shall pay a fine of not less than 
five hundred dollars nor more than five thousand dollars, to be used for 
school purposes in the county suffering from such violation, or imprisonment, 
in the discretion of the Court. 

#rim. Code '02. § 423; G. S. 1021; R. S. 336; 1878, XVI, 581. 

§ 581. Treasurer to Report to School Commissioner. — He shall, on the 
fifteenth day of each month, report to the School Commissioner of his county 
the amount of collections and disbursements made by him for the month on 
account of poll tax and all other school funds ; and it shall be a misdemeanor 
on the part of any County Treasurer to neglect, fail or refuse to make such 
report,, and on conviction thereof he shall pay a fine of not less than five 
hundred dollars, the same to be. used for school purposes in the county. 

Crim. Code '02, § 424; G. S. 1022; R. S. 337; 1878, XVI, 584. 

§ 582. Penalty for Neglecting to Report School Funds to Superintendent 
of Education. — He shall make out and forward annually to the Superinten- 
dent of Education, on the first day of November, a certified statement show- 
ing, by school districts, the amount of poll and other school taxes collected by 
him for the fiscal year ending on the 31st day of October next preceding; 
and on failing, neglecting or refusing to make and forward such state- 
ment the State Superintendent of Education shall make a written complaint 
to the Circuit Solicitor for the county in which the said County Treasurer 
resides, who shall prosecute the said County Treasurer for the same ; and on 
convictoin thereof he shall be subject to a fine of five hundred dollars, the 
same to be used for free public school purposes in his County. 

Crim. Code '02, § 425; G. S. 1023; R. S. 338; 1878, XVI, 584. 

§ 583. Auditor to Report Polls, etc. — Penalty. — It shall be the duty of 
each Auditor to state, in a separate column, the school district in which the 
taxpayer resides. At the expiration of the time prescribed by law to receive 
returns he shall make out and forward to the Board of Trustees of each 
school district within his county a correct list of the polls returned from their 
respective districts. "When the School Trustees have reported to him the 
names of all persons who have failed or neglected to make returns, it shall 
be his duty to enter upon his books the names of all persons thus reported 
to him, and he shall enter the names of said persons upon the tax duplicate 



58 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

furnished the County Treasurer. And any Auditor failing to comply with 
either or all of the provisions of this section shall be deemed guilty of a 
misdemeanor, and upon conviction before a Court of competent jurisdiction 
shall be fined in a sum of not more than one hundred dollars or be imprisoned 
for a term not exceeding thirty days. 

Crim. Code '02, § 426; R. S. 339; 1890, XX, 718; 1891, XX, 1049; 1892, XXI, 18. 

§ 585. Exercising Office of Examiner or Trustee after Removal. — If a 

member of any County Board of Examiners in any county of this State, or a 
Trustee of any school district, shall attempt to act or discharge the duties of 
either of said offices after he has been removed, or after his successor shall 
have qualified, he shall be deemed guilty of a misdemeanor, and after con- 
viction be punished by a fine of not less than one hundred and one dollars or 
imprisonment for not less than thirty days, or both, at the discretion of the 
Court. 

Crim. Code '02, § 428; G S. 1024; R. S. 341; 1878, XVI, 584. 

§ 586. Failure of School Commissioner or County Treasurer to Keep 
"General Cash Account." — The failure of any County School Commissioner 
or any County Treasurer of this State to keep a book of entry, in which shall 
be kept an account known as "general cash account," as required by law, 
.shall be deemed a misdemeanor, and on conviction thereof he shall be subject 
to a fine of not less than two hundred dollars or imprisonment in the county 
jail for a period not less than six months. 

Crim. Code '02, § 429; G. S. 342; 1892, XXI 81. 

§ 586a. Teachers, Principles and Superintendents Required to File Re- 
ports. — Any teacher, principal or superintendent employed in the schools of 
this State, supported in whole or in part at public expense, shall file within 
two weeks after the close of the session of such school a full and accurate 
report, as now required by law. Any person neglecting, refusing or omitting 
to file such report when requested by the County Superintendent of Education 
shall be liable to the cancellation of his or her certificate to teach, and to a 
fine of not more than twenty-five dollars, to be imposed at the discretion of 
the County Board of Education. 

§ 586b. Report to County Superintendent of Education. — Any and all 

prviate schools shall report to the County Superintendent of Education upon 
request therefor of the county wherein such school is located, the number of 
pupils receiving instruction, the number in regular attendance, the number of 
teachers employed, and such other facts as will, show the grade and amount 
of educational work actually done in such private school. Tne management 
of such other prviate school neglecting, refusing or omitting to file such re- 
port within two weeks after the close of the regular session shall be subject 
to a fine of not more than twenty-five dollars. ^ 

§ 586c. County Superintendents to File Reports With State Superinten- 
dent of Education. — It shall be the duty of each County Superintendent of 
Education to file with the State Superintendent of Education within two 
months after the close of the scholastic yCar a full and accurate report of all 
tiie schools under his supervision. Any County Superintendent failing to 
make such report shall be guilty of a misdemeanor, and, upon conviction 
thereof in :a Court of competent jurisdiction, shall be fined in the discretion 
of the Court in a sum not exceeding fifty dollars. 

§ 586d. Cancellation of Certificates. — The cancellation of any certificate 
hereunder shall be reported to the State Board of Education, and (may be re- 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 59 

viewed on appeal taken within ten days after the decision of the Countv 
Board. i 

§ 586e. County Board Fund.— Any and all moneys collected hereunder 
shall be paid into the County Treasury, to be disbursed as a part of the 
County Board Fund, now authorized by law. 

Acts, 1913. 



Regulations of State Board of Education 

Rule 1. — The Governor shall be Chairman, and the State Superintendent 
of Education Secretary of the Board. 

Rule 2. — The Board shall meet at the call of the Chairman, or at the request 
of a majority of its members. i 

Rule 3. — The Secretary shall keep a record of the actions of the Board in a 
book provided for that purpose, which record shall be the only official record 
of its proceedings. 

Rule 4. — The order of business shall be as follows : Calling to order, read- 
ing' of minutes of the previous meeting, unfinished business, reports of Com- 
mittees, report of the Chairman, report of the Secretary, and new business. 

Rule 5. — All resolutions shall be reduced to writing by the mover, and 

likewise all amendments. ; 

Rule 6. — A motion must receive a second before it can be entitled to con- 
sideration by the Board. 

Rule 7. — The Chairman and the Secretary are authorized to fill all vacan- 
cies that may occur in the County Boards of Education, -and to report their 
action to the Board at its meeting for its consideration. 

Rule 8. — All vacancies in the office of County Superintendent of / Education 
shall be filled by ballot, and a two-thirds vote of the members present shall 
be necessary to fill the vacancy. < 

Rule 9.— The Chairman and the Secretary are empowered to grant State 
certificates upon the presentation of diplomas from reputable colleges and 
universities in other states « of as high rank as leading colleges of this State,, 
such presentation to be accompanied by the scholastic record and teaching 
experience of the applicant, and all certificates shall be subject to confirma- 
tion by the State Board at its .next meeting. 

Rule 10. — After February, beginning in May, 1903, there shall be two 
county examinations for teachers' certificates each year, to be held in the 
spring and in the fall, and hereafter no teacher shall be employed in the 
public schools of this State who has not registered a certificate in the office 
of the County Superintendent of Education and submitted proof thereof to 
the board of trustees employing him. 

Rule 11. — Every applicant for a county certificate shall stand a satisfactory 
written examination before the County Board of Education, on uniform 
questions prepared and furnished by the State Board, the examination to be 
held in all the counties on the same day, or he or she shall present to the 
County Board at least an A. B. or B. S. diploma from some reputable char- 
tered college or university of this State, whose curriculum, standing, faculty 
and equipment have been examined and approved by the State Board of 
Education. A county certificate cannot be issued on a diploma or certificate 
secured in another state. 

Rule 12. — Uniform examination questions shall be prepared and furnished 
by the State Board of Education for county examinations. 

Rule 13. — There shall be three grades of Teachers' County Certificates- 
first grade, second grade and third grade. 



GENERAL SCHOOL LAW OF SOUTH CAROLINA 61 

Rule 14. — To obtain, a First Grade Teachers' County Certificate, the ap- 
plicant shall stand a written examination on questions prepared and fur- 
nished the County Board of Education by the State Board, and ; shall make 
a general average of not less than 80 per cent, and not less than 50 per cent, 
on any one branch. 

To obtain a Second Grade Teachers' County Certificate the applicant 
shall stand a written examination on questions prepared and furnished the 
County Board of Education by the State Board, and shall make a general 
average of not less than 70 per cent, and not less than 45 per cent, on any 
one branch. 

To obtain a Third Grade Teachers' County Certificate, the applicant shall 
stand a written examination on questions prepared and furnished the County 
Board of Educatoin by the State Board, and shall make a general average 
of not less than 60 per cent, .and not less than 40 per cent, on any one branch. 

The County Board may, in each instance, impose oral tests in reading and 
language. In estimating for a second or a third grade certificate algebra need 
not be included; if it would be to the applicant's advantage it may be in- 
cluded. 

Rule 15. — No person shall be permitted to take the examination who is not 
at least eighteen years of age, and before taking an examination each appli- 
cant shall satisfactorily pass such oral tests in reading and language as the 
Board may impose. 

Rule 16. — A First Grade County Certificate may be renewed by the County 
Board from which it was issued. If, however, a Teachers' Institute or Sum- 
mer School is held in the County, a First Grade Certificate shall not be re- 
newed unless the holder attends the Institute or Summer School, or shows 
to the State Board of Education some satisfactory reason for not doing so. 
A Frist Grade County Certificate shall not be renewed unless the holder 
has done some teaching during the two years for which the certificate was 
issued. 

A Second Grade County Certificate may be renewed where the holder at- 
tends a Teachers' Institute or Summer School, or shows to the State Board 
of Education a satisfactory reason for not doing so. 

A Third Grade County Certificate shall not be renewed. 

Rule 17. — The County Board shall issue to each applicant making the re- 
quired per cent, .a certificate,, signed by each member of the Board, and 
under the seal of the office of the County Superintendent of Education of 
the county, and showing on its face the per cent, made on each branch and 
the general average. The certificate shall run for two years from its date, 
and the holder shall be deemed competent to teach in the public schools of 
the eounty. 

Rule 18. — No certificate of qualification shall be granted by any County 
Board in any circumstances to any person who is under eighteen years of 
age. 

Rule 19. — The County Board of Education of one county may recognize a 
certificate issued by the County Board of Education of another County, but in 
such ease the County Superintendent of Education shall register the name of 
the holder, the county from which the certificate was issued, the date and num- 
ber of the certificate, and when so registered the certificate shall have the 



62 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

same force as if issued in that county. This certificate can be renewed or 
extended only by the County Board originally issuing it. 

Rule 20. — Each County Board shall keep a register, in which shall be 
recorded the name, age, sex, color and post office of each person to whom 
a certificate is granted, and also the date and grade of the certificate. 

Rule 21. — A two-year State certificate may be issued to any teacher suc- 
cessfully completing at least nine approved courses in a summer school ' 
recognized by the State Board of Education. 

Rule 22. — Any teacher holding a valid first grade county certificate pos- 
sessing two years' successful classroom experience, and pursuing in a rec- 
ognized summer school during three consecutive years not fewer than three 
approved courses may be granted a ten-year State license upon the presen- 
tation of full records and reports to the State Superintendent of Education. 

Rule 23. — Any teacher who holds a valid first grade county certificate and 
who has rendered at least five years of successful service in South Carolina 
may be granted a State certificate to teach for five years. upon the presenta- 
tion of a written statement testifying to the effectiveness of such service, 
signed by the supervising principal or superintendent of school or schools 
in which such service has been rendered, by the County Board or Boards of 
Education, and by the Board or Boards of Trustees. At the end of five 
years this certificate may be extended by the State Board of Education for 
another period of five years, if satisfactory evidence as above indicated is 
again shown. At the end of the second period ithe State Board of Education 
may grant a life certificate to teach, if the evidence of continued successful 
professional experience is satisfactory. 

Rule 24. — Any teacher with a valid first grade county certificate may be 
given a special five-year high school certificate upon presentation of satis- 
factory evidence of fitness and preparation to teach any designated high 
school subject or subjects. A special examination for the award of high 
school certificates shall be held annually by the State Board of Education at 
such time and place as may be announced. 

Rule 25. — The State Board of Education may grant five-year professional 
certificates to teachers for the primary and elementary schools, * if an ex- 
amination given by the State Board reveals the ability on the part of thet 
applicant to teach in these schools. The nature of these examinations will 
be announced as the occasion for such examinations may arise. 

Rule 26. — The State Board of Education may grant certificates to appli- 
cants for positions as teachers of the kindergarten, of music, or of industrial 
subjects, if satisfactory evidence is revealed by examination or otherwise that 
the applicant is able to teach in any one of these departments. 

Hule 27. — State certficates shall be renewed only upon the presentation in 
writing of satisfactory evidence of successful teaching during the life of the 
certificate, and of professional improvement. 

Rule 28. — Every claim or warrant issued by a Board of Trustees shall be 
signed by at least two members of the Board, and should not be approved 
by the County Superintendent of Education until the Clerk of the Board 
of Trustees has entered it in a book kept for that purpose. 

Any and all school warrants issued by any j Board of School Trustees 
against any public school fund shall not be paid by the County Treasurer 
or other officer having the custody of such fund until the warrant, has been 



GENERAL SCHOOL LAW -OF SOUTH CAROLINA 63 

approved by the Comity Superintendent of Education of the County in which 
said warrant is drawn. (Section 1759 of the Code, 1912). 

No pay warrant shall be issued by any Board of Trustees or approved by 
Miy County Superintendent of Education in favor of any teacher who, after 
July 1, 1901, uses in the public schools of this State any textbook to the 
exclusion of the textbook or textbooks herein adopted on the same subject, 
and who has not registered in the office of the County Superintendent of 
Education a certificate to teach. 

Rule 29. — No teacher shall be employed by the Board of Trustees who is 
related by consanguinity or affinity within the second degree to a member 
of the Board of Trustees or to a principal of a school, without the written 
approval of the County Board of Education, nor shall they employ a teacher 
holding a certificate issued by a County Board of another county until the 
certificate has been duly registered in the office of the County Superintendent 
of Education of their own county. 

Rule 30. — No public school supplies shall be purchased by school officers 
for use in the public schools of any county in the State except such as are 
authorized by the State Board to be sold. The venders of all such supplies 
authorized to be sold by this Board shall enter into a written contract with 
this Board, in which the prices of the supplies shall be stated, and copies of 
the supplies shall be placed in the office of the State Superintendent of Edu- 
cation and the supplies sold to the schools shall at all times conform to the 
samples, and the prices shall not exceed the prices agreed on. The County 
Boards may allow or disallow such supplies, or any of them, to be sold in 
their counties. In case they permit the same to be sold, they shall give the 
vendor written permission to offer the same to the trustees of their counties, 
the prices of the supplies to be named in the written permission, leaving 
the purchase or not, of such supplies to the good judgment of the Boards 
of Trustees. In case the trustees purchase any of such supplies, they may 
sive a warrant against the school fund of their district in payment thereof, 
but in no case shall the County Superintendent of Education countersign or 
endorse any such warrant until the supplies have been delivered; the County 
Superintendent shall hold all such warrants in his possession until the de- 
livery of the supplies is made. All persons purchasing any such ' warrants 
before the same have been countersigned by the County Superintendent of 
Education, do so at their own risk. 

Rule 31. — In all cases of appeal from decisions of County Boards notices 
of appeal must be served on the Secretary of the County Board of Education, 
on the Secretary of the State Board of Educatoin, and also on the respond- 
ents within thirty days from the decision of the County Board, and all testi- 
mony, records and papers must be on file in the office of the State Superin- 
tendent of Education at least ten days before the meeting at which the 
appeal is to be heard. In all appeal cases, the Secretary of the State Board 
of Education shall assign an equal length of time for reviewing testimony 
and argument by appellants and respondents, and notice of such time as- 
signed shall be accordingly given by the Secretary of the State Board. 

« 

Rule 32. — The County Boards of Education shall require all public school 
buildings to be constructed only upon land owned by the school district. No 
shool building shall be aided by county or State funds under the School 
Improvement act unless constructed according to plans approved by the 
State Board of Education, and unless the building is found to be of first class 
material and workmanship upon inspection by the County Superintendent of 
Education. 



(54 GENERAL SCHOOL LAW OF SOUTH CAROLINA 

Rule 33. — Regular school funds include : cash balance on hand July 1st, 
poll tax, constitutional three-mill tax, and dog tax. 

Rule 34. — No district having sufficient regular school funds to run the 
schools of the district 100 days shall receive term extension aid under this 
Act. 

Rule 35. — No aid shall be given any district until all the regular school 
funds have been expended, either by contract or by actual outlay. 

Rule 36. — Under the term extension Act, no district shall receive more than 
$100 from the State, nor more than the amount raised by special tax. 

Rule 37. — No district shall receive aid from the State unless each teacher 
employed in the district holds a certificate which has been registered in the 
office of the County Superintendent of Education. 

Rule 38. — Every application shall be signed by the chairman, or by the 
clerk of the Board of Trustees, and by the County Superintendent of Edu- 
cation, and shall be accompanied by a certificate from the County Auditor, 
showing the amount of special tax levied on the property of the district. 

Rule 39. — The State Superintendent shall forward the amount appropri- 
ated to any district to the County Treasurer to be placed to the credit of the 
district. 

Rule 40. — No term extension application shall be honored unless it 
reaches the office of the State Superintendent of Education on or before 
November 15th, and no rural graded school application shall be honored un- 
less it reaches the office of the State Superintendent of Education on or bef ore- 
December 15th. 

Rule 41. — The State Superintendent of Education may refuse any appli- 
cation which, in his judgment,, would not increase the efficiency of the free 
public schools; Provided, That such refusal be subject to the review and ap- 
proval of the State Board of Education. 

Rule 42. — It is the judgment of the State Board of Education that the 
work of one-teacher schools should be limited to seven grades ; the work 
of two-teacher schools, to eight grades; the work of three-teacher schools 
to nine grades; and the work of four-teacher schools, to ten grades. But 
this recommendation in no measure limits the freedom of the teacher or the 
preference of trustees and patrons. 

Rule 43. — State aid under the term extension law, the rural graded school 
Jaw, or the high school law may be withheld in any instance where the 
classification of the pupils shows only one child in a grade or an enrollment 
of more than fifty pupils to a teacher in any classroom. 



High School Regulations. 



THE HIGH SCHOOL LAW REQUIRES: 

1. A local lax of not less than four mills for running expenses. 

2. The full time of as many as two teachers above the seventh grade. 

3. A minimum legal enrollment of 25 pupils above the seventh grade. 

4. A maximum of $500 to a two-teacher high school, $600 to a three - 
teacher high school, and $700 to a high school of four or more teachers. 

Rule 44. — High schools receiving State appropriations must run not less 
than eight months, or 160 days. 

Rule 45. — High school recitation periods in all major subjects must be not 
less than 40 minutes each. The State Board recommends 45-minute periods 
except in very small classes. 

Rule 46. — A school employing five teachers or six teachers shall not use 
any part of the time of more than two teachers in its high school department. 

Rule 47. — A school employing seven or eight teachers may use not more 
than one-half the time of a third high school teacher in the high school de- 
partment, Provided, that the enrollment in the high school department and 
the elementary department are in such proportion as to justify this division. 
All such schools are to be rated as two-teacher high schools in receiving ap- 
propriations. 

Rule 48. — The elementary grades of any school must be adecpiately pro- 
vided with teaching force before three or more teachers will be permitted in 
a high school receiving State aid. No teacher in the elementary department 
of any school receiving State high school aid may have or teach more than 
50 pupils a day. 

Rule 49. — The supervising principal of a two-teacher high school must de- 
vote not fewer than six periods a day to teaching. 

Rule 50. — The supervising principal of a three-teacher high school will not 
be counted as a full time teacher,, unless he devotes as many as live periods a 
day to teaching. 

Rule 51. — The supervising principal of a four-teacher high school will 
not be counted as a full time teacher, unless he devotes as many as four 
periods a day to teaching. 

Rule 52. — Xo high school teacher, other than the supervising principal, 
will be counted a full time teacher, unless such teacher devotes as many as 
six periods a day to teaching. 

Rule 53. — Xo high school will be accepted for State aid whose superinten- 
dent or supervising principal's salary is unreasonably out of proportion to 
the number of teachers he has to supervise or to the salaries of his assistants. 

Rule 54. — In a two-teacher high school, the amount of State aid shall not 
exceed $55 a month. 

Rule 55. — To high schools of three or more teachers, the initial appropri- 
ation will be the lowest high school salary up to $55 a month. Any additional 



m GENERAL SCHOOL LAW OF SOUTH CAROLINA 

appropriations will be made in accordance with Section 6 of the High School 
Act of 1916, No. 501, page 875, Acts of 1916. 

Rule 56. — After July 1, 1917, no high school will be given State aid when 
there are fewer than five pupils enrolled in any grade. 

Rule 57. — No high school student in a State aided high school will be per- 
mitted to carry more than five major subjects at a time. Under tnis regulation 
English is counted one subject, Latin with grammar or prose composition is 
one subject, history with civics is one subject. Arithmetic, algebra and 
geometry are three separate subjects, and each division of history is a sep- 
arate subject. 

Rule 58.- — Each high school teacher employed in a school receiving State 
high school aid must have a valid first grade certificate properly registered 
with the County Superintendent of Education of the county in which the 
school is located. College diplomas are not certificates. 

Rule 59.— After July 1, 1917, every high school teacher employed in a 
State aided high school must give evidence of his or her fitness to teach the 
subjects he or she teaches in that school. This fitness is to be determined by 
the course or courses pursued by the teacher in his or her preparation to 
teach, or by examination prepared and directed by the State Board, or by 
inspection of the teacher's work to be reported to the State Board in writing 
by its representative in cases where the teacher has already taught these 
subjects five years or more. 

Rule 60. — Every high school receiving State aid must use the textbooks 
adopted by the State Board of Education or submit in writing to the State 
Board what other books are used together with the reasons for their use. 
Schools organized and operated under legislative Acts conferring special 
powers and privileges with the right of independent textbook adoption are 
the only districts legally authorized to substitute texts in lieu of State 
adopted books. The powers and privileges of such special legislative dis- 
tricts are not abridged or affected by this regulation, but the record of their 
textbook uses will be helpful to the State Board. Districts governed by the 
general school law cannot make, legally, substitutions for State adopted 
books. 

Rule 61. — State aid may be withdrawn from any high school after two 
months' notice to the local board for inefficient teaching, for the continuance 
of an inadequate course of study, or for lack of attendance. 

Rule 62. — Every high school receiving State aid shall render with reason- 
able promptness such reports as are required by the State Board. All sueh 
reports are to be countersigned by the secretary of the local school board. 
Any school knowingly making an incorrect report in any matter affecting the 
standing of the school or its appropriation thereby subjects itself to being 
penalized by the State Board. 



INDEX 



Section 
Adoption of Textbooks 1708 

Agents, School Officers not to be for 

Sale of Books 576 

Agriculture Teaching 1813a-1813«r 

Alcoholic Drinks 1733 

Appeals to State Board of Educa- 
tion 1707, 1736 
Appeals to County Boara of Educa- 
tion 1736 
Appeals under Compulsory Attend- 
ance Law 1814h, 1814k 
Appeals, Procedure on, Rules 31 
Apportionment of School Funds 577, 1720, 

1735 
Approval of School Claims 1758 

Approval of School Warrants 1759 

Arbor Day 1809 

Bequests for Educational Purposes 1702 
Blanks and Certificates 1699 

Board of Health to Visit and Inspect 

Schools 1598 

Board of Health may close Schools 1598 
Bond of State Superintendent 1698 

Bond of Publishers 1708 

Bond of County Superintendent 1717 

Calhoun's Birthday 1809 

Census of Children 1814g 

Census Clerk 1814g 

Certificates and Blanks 1699 

Certificates of Teachers 1708, 1737 

Certificates of Teachers, Registry of 1737 
Certificates of Teachers, Issuance of 1737 
Certificates of Teachers, Revocation 

of 1737 

Certificates of Teachers. Rules as to 9-27 
Citadel, Scholarships in 1710 

Claims, Report on 1724 

Claims, Register of 1725 

Claims, Need not be Impressed with 

Seal 1727 

Claims of County Superintendent 1728 
Claims against School Funds 1758 

Claims, Proof of Old 1805 

Claims, Borrowing Money to Pay 1806 
Claims, Rules as to Approval 28 

Clemson, Scholarships in 1710,1714b-1714e 
Clerk Hire Allowed State Superinten- 
dent 1701 
Competitive Examination for Schol- 
arships 1710-1711 
Compulsory Attendance Law, Petition 

as to 1814.i 

Compulsory Attendance Law. Rules 

and Regulations 1814k 

Compulsory Attendance between 

Ages of 8 and 14 1814a-1814n 

Compulsory Attendance, Period of 1814a 
Compulsory Attendance. Exemptions 

from 1814b-1814i 

Gompulsory Attendant, Buties ©f 

Parent, Guardian, ete i814d-1814f 

Compulsory Attendance between 
Ages of 14 and 16 Years 1814e 



Section 

Compulsory Attendance, Penalties 
for Violations 1814f 

Contracts, Limitation on 1777 

County Board of Education, Supplies 
for 1723 

County Board of Education, Appoint- 
ment 1729 

County Board of Education, Term 1729 

County Board of Education, Duties 1730 

County Board of Education, Advisory 
Powers 1736 

County Board of Education, Appeals 
to and from 1736 

County Board of Education Meetings 
of 1737 

County Board of Education, Officers 
of 1737 

County Board of Education to Cre- 
ate School Districts 1738 

County Board of Education, Sale of 
School Property 1755 

County Board of Education, Exempt 
from Militia Duty 1779 

County Board of Education, Duties 
under Compulsory Attendance Law 

1814a, 1814g, 1814h-1814j 

County Board of Education to Pay 
for Census 1814s: 

County Board of Education to Fix 
Period for Compulsory Attendance 

1814a. 1814i 

County Board of Education to Pub- 
lish Laws 1814i 

County Board of Education, Vacancy 
in, Rules 7 

County Superintendent to Conduct 
Examinations 1711 

County Superintendent, Election 1717 

County Superintendent, Term 1717 

County Superintendent. Bond 1717 

County Superintendent. Removal of, 
Removal from office 1717 

County Superintendent, Vacancies in 
Office 1717. 1718 

County Superintendent, Duties 1719 

County Superintendent, when to Qua- 
lify 1717 

County Superintendent to Visit 
Schools 1719 

County Superintendent to Attend 
Settlements 1720 

County Superintendent to Apportion 
School Funds 1720 

County Superintendent, Reports 1721, 

1722, 1724 

County Superintendent to Register 
Claims 1724 

County Superintendent to Report on 
Claims 1724 

County Superintendent, Seal ef 1727 

County Superintendent, Salary 1728 

County Superintendent, Expenses 172S 

Course of Studies 1708, 1731, 1732. 1733 



<*s 



INDEX 



Section 
Depository for Sale of School Books 1708, 

1795 
Depositories for School Books 1708 

Devise for Educational Purposes 1702 
Direct Tax Funds 1702 

Discounting Teachers' Pay Warrants 575 
Election of State Superintendents 1698 
Election as to Special Tax Lew 1742 

Election as to School Bonds 1743, 1745 
Election as to Compulsory Attend- 
ance Law 181 4 j 
Enrollment Defined 1716 
Examination of Teachers 1708 
Examination of Teachers, Rules as 

to 9-27 

Factories, etc., Inspection of 1814g 

Form of School Registers 1725 

Gifts for Educational Purposes 1702 

Gifts for Educational Purposes, Con- 
stitutional Sections 10, 11 
Government of Schools 1708 
Guardians to Compel Attendance of 

Wards 1814a-1814f 

High Schools, Establishment of 1812a- 

1812g 
High Schools, Rules as to Aid for 43-62 
Institutions of Higher Learning, Re- 
ports by , 1700 
Kindergartens 1778a-1778d 
Libraries, Funds for 1796, 1797 
Libraries, Selection of Books for 1798 
Libraries, Preservation of 1799 
Libraries, Appropriation for 1801 
Libraries, Exchange of 1800 
Libraries. Enlargement of 1803 
Libraries Limited 1802 
Mixed Schools Unlawful 1780 
Narcotics 1733 
Night Schools 1716 
Normal Course for Teachers 1713 
Normal Scholarships, Notes of Hold- 
ers 1714 
Notes of Holders of Scholarships 1714 
Notice of Opening of Schools 1814h, 1814.i 
Notice of Non-Attendance 1814f 
Barents to Compel Attendance of 

Children 1814a-1814f 

Penalties 1734 

Penalties on Parents and Guardians 1814f 
Penalites on Teachers 1814h, 586a 

Penalties on County .Treasurer 582 

Penalties on Auditor 583 

Penalties on Examiner or Trustee, 

Acting after Removal 585 

Penalties for Failure to Keep* Cash' 

Account 586 

Petition for New School District 1738 
Petition for Consolidation of School 

Districts 1738 

Petition for Election as to Levy of 

Tax 1742 

Petition for Election as to Bonds 1743 
Petition as to Compulsory Atten- 
dance Law 1814j 
Physiology and Hygiene to be 

Taught 1732 

Plans for Schoolhouses 1765 

Poll Taxes, Collection of 1735, 578 

Poll Taxes, Report by Auditor 1769 



Section 
Poll Taxes, Where to be Expended 1770 
Poll Taxes, Report of Collections 1771, 

581 
Poll Taxes, Constitutional Provisions 6 
Private Educational Institutions, Re- 
ports 1811 
Pupils, Enrollment of 1700 
Pupils, Transfer of 1756 
Pupils, Suspension of 1761 
Pupils, Discharge of 1761 
Pupils, Age of 1778 
Pupils in Kindergartens 1778a 
Pupils, Compulsory Attendance of 1814a, 

1814n 
Pupils, Record of Attendance 1814h 

Pupils, Conveyance to School 181 7 f 

Records of State Board of Educa- 
tion 1706 
Reports by State Superintendent 1700 
Reports of Enrollment 1700 
Reports, of State Institution of High- 
er Learning 1700 
Reports of Private and Other Educa- 
tional Institutions 1811 
Reports of Attendance 1814h, 586a 
Rules of State Board 1708 
Rules for Examination of Teachers 1708 
Rules for Government of Schools 1708 
Rural Schools, Aid for 1816a-1816d 
Salary of State Superintendent 1698 
Salary of County Superintendent 1728 
Salary of Teachers, Warrants for 1757 
Salary of Officers Handling School 

Funds, Constitutional Section 4 

Sale of School Property 1755 

Sale of Textbooks 1708 

Sale of Textbooks, Agents for 576 

Schools, Visiting by Trustees 1761 

Schools, Terms 1777 

Scholastic Year, Reports for 1700 

Scholastic Year, Commencement of 1781 
Scholarships, Award of 1708, 1709, 171* 
Scholarships, Examinations for 1710 

Scholarships, Regulations as to 1711 

Scholarships, Vacancies in 1712 

Scholarships in Citadel 1710 

Scholarships in University 1713 

Scholarships in Winthrop 1714a 

Scholarships for Teachers 1713 

Scholarships in Clemson 1714,1714b-1714g 
Scholarships, Age Limit 1714f 

School Bonds, Provision for 1738 

School Bonds, Election as to 1743 

School Bonds, Issuance of 1743 

School Bonds, Sale of 1746 

School Bonds, Levy of Tax to Pay 1746 
School Bonds, How Signed 1747 

School Bonds, Use of Proceeds of 1748 
School Bonds, Exempt from Taxation 

1751 
School Districts, Formation 1738 

School Districts, Size 1738 

School Districts, Powers of 1738 

School Districts, Changes in 1738 

School Districts in Adjoining Coun- 
ties 1738, 1750 
School Districts, Dissolution of 1739 
School Districts Management of 1740, 

1753 



INDEX 



6'J 



Section 
School Districts. Tax Districts 1741, 1768 
School Districts, Special Tax Levy in 1742 
School Districts may issue Bonds 1743 
School Districts, Survey of 1743 

School Districts of over 5000 1752 

School Districts Stated in Tax Re- 
turns 1768 
School Funds, Apportionment of 1735 
School Funds, Disbursement of 1736. 1773 
School Funds, Custody of 1746 
School Funds, Depositories for 1746 
School Funds Monthly Report, of 1772 
School Funds, Report to State Super- 
intendent ' . 1774 
School Funds, Unexpended Balances 1776 
School Funds Reserve Fund 1807, 1808 
School Funds, Rules as to 33-39 
Schoolhouses, Provisions for 1761 
Schoolhouses, Insurance of 1761a-17611 
Schoolhouses. Location (Note) 1761 
Schoolhouses, Funds for Building 1762- 

1767 
Schoolhouses in Consolidated Build- 
ings 1764 
Schoolhouses, Plans for 1765 
Schoolhouses only on Lands belong- 
ing to District, Rules 32 
School Property, Control of 1761 
School Property. Sale of 1755 
School Register to be Supplied 1699 
School Supplies, Rules as to Pur- 
chasing 30 
Seal of County Superintendent 1727 
Sectarian Schools, Constitutional sec- 
tion 9 
Separate Schools for Different Races. 

Constitutional Section 7 

Sinking Funds, Provision for 1746 

Sinking Funds, Care of 1749 

South Carolina Day 1809 

State Board of Education Powers as 



Education, Appoint- 
Education, Minutes 



1699 
1705 



to Textbooks 
State Board of 

State Board of 

and Records 1705 

State Board of Education, Secretary 1705 
State Board of Education, Chairman 1705 
State Board of Education, Meetings 1706 
State Board of Education, Compen- 
sation 1706 
State Board of Education, Advisory 

Powers 1707 

State Board of Education, Appeals to 1707 
State Board of Education, Powers 1708 
State Board of Education, Rules 1708 
State Board of Education to Award 

Scholarships 1711 

State Board of Education to Appoint 

County Superintendents 1718 

State Board of Education Exempt 

from Militia Duty 1779 

State Board of Education, Constitu- 
tional Provisions, Section 2 
State Board of Education, Rules and 

Regulations 1-62 

State Superintendent of Education, 
Election 1698 



Section 
State Superintendent of Education, 

Bond 1698 

State Superintendent or Education, 

Salary 1698 

State Superintendent of Education, 

Traveling Expenses 1698 

State Superintendent of Education. 

Duties 1699. 1703 

State Superintendent of Education, 

Reports by 1700 

State Superintendent of Education, 

Clerk Hire Allowed 1701 

State Superintendent of Education, 

Transfer to Successor 1703 

State Superintendent of Education, 

Vacancy in Office 1704 

State Superintendent of Education, 
to Prescribe Registry of Claims, 
etc., by County Superintendent 1725 
State Superintendent of Education, 

Constitutional Section 1 

State Treasurer to Receive Gifts, etc 

1702 
Supplementary Reading in Public 

Schools 1715a-1715c 

Tax, Three Mills Constitutional 1735 

Tax, Poll 1735 

Tax, Special in School Districts 1742, 1792 
Tax to Retire School Bonds 1746 

Tax on Does 1790 

Taxation, Exemption from, School 

Bonds 1751 

Teachers, Examination of 1708 

Teachers, Standard of Proficiency 1708 
Teachers, Certificates of, State Board 

to Grant 1708 

Teachers, Certificates . of, County 

Board to Grant 1737 

Teachers, Certificates of, Cancella- 
tion of 586d 
Teachers, Certificates of, Rules Gov- 
erning County Board 10-20 
Teachers, Certificates of, Rules Gov- 
erning State Board 9-12, 16, 21-27, 58-59 
Teachers, Certificates of, Registry of , 

Rule 20, 1737 

Teachers, Normal Course for 1713 

Teachers, Scholarships for 1713 

Teachers, Monthly Reports by 1757 

Teachers, Warrants for Salaries of 1757, 

1761 
Teachers, Employment of 1761, 1777 

Teachers, Discharge of 1761 

Teachers, Qualifications of 1761, 1777 

Teachers ini Kindergartens 1778c 

Teachers, Training Courses for, in 

High Schools 1812h 

Teachers may excuse Temporary Ab- 
sences 1814d 
Teachers to Keep Record of Attend- 
ance 1814h 
Teachers, Deductions from Salary 1814h 
Teachers, Annual Reports by 586a 
Teachers, Number of Grades, Rules 

as to 43 

Term of Schools, Minimum 1782 

Term of Schools, Trustees to Regu- 
late 1777 



70 



INMEX 



Section 
Term of Schools, Appropriation to 

Lengthen 1783-1788 

Term of Schools for Compulsory At- 
tendance 1814a 
Textbooks, Uniformity in .1699, 1708 
Textbooks, Sectarian or Partisan 1699 
Textbooks to be Prescribed 1708 
Textbooks, Adoption 1708 
Textbooks, Depositories for 1708, 



Textbooks, Sale of 

Textbooks at Cost 

Textbooks may be Furnished Free 

Textbooks Prohibited 

Textbooks in Agriculture 



1793, 
1795 
1708 
1793 
1794 
1804 
1813g 



Three-Mill Tax 1735 
Three-Mill Tax, Constitutional Section 6 

Trustees 1702 

Trustees, Powers 1761 

Trustees, Appointment of 1752 

Trustees,, Term 1752 
Trustees, Duties 1752-1753, 1760 

Trustees, Qualifications of 1752~ 

Trustees, Removal of 1752, 1814m 

Trustees, Meetings of 1754 

Trustees may sell Property 1755 

Trustees not to Receive Pay as 

Teachers 1760 

Trustees, Contracts by 1777 



Section 

Trustees Exempt from Militia Duty 1779 

Trustees to Fix Compulsory Attend- 
ance Term 1814a 

Trustees may excuse Non-Attend- 
ance 1814b 

Trustees to Take Census of Child- 
ren 1814g 

Trustees to Give Notice of Non-At- 
tendance 1814g 

Trustees to Give Notice of Opening 
of Schools 1814h, 1814j 

Tuition not to be Charged in Publie 
Schools 18141 

Vacancies in Scholarships 1712 

Vacancies in Office of County Super- 
intendent, Rule 8, 1717, 1718 

Vacancies in Office of State Super- 
intendent 1704 

Vacancies in County Board of Edu- 
cation, Rule 7 

Vacancies in Board of District Trus- 
tees 1752 

Vaccination may be Required in 
Schools 1607 

Warrants, Issuance and Approval 1757, 

1759 

Warrants, Conditions Precedent 1814h 

Warrants, Rules as to 28 

Winthrop, Scholarships in 1710, 1714a 



